CHARLESTON — A man is suing Gestamp claiming he was injured while on the job.
Gestamp North America and Gestamp West Virginia were both named as defendants in the suit.
Robert Holley was employed by the defendant and was assigned to stand at the end of a conveyer belt and manually load parts onto large racks that were at the right or left of him at the end of the conveyor belt, according to a complaint filed in Kanawha Circuit Court.
Holley claims at the same time, the defendant assigned its forklift operators to drive forklifts to pick up the same racks that he and other workers were loading.
"The simultaneous and conflicting work assignments created a specific unsafe working condition that presented a high degree of risk and a strong probability of serious injury or death," the complaint states.
Holley claims on Nov. 13, 2020, he was standing at the end of the conveyor belt and loading product racks with the product when a forklift operator picked up the rack he was loading and dropped the load on him, crushing his legs.
The plaintiff's injuries were permanently disabling and caused him extreme physical pain, suffering, extreme mental anguish and physical impairment, according to the suit.
Holley claims he still has not received a final award in his workers' compensation claim.
Holley claims the defendants violated West Virginia code by not providing a safe work environment and being aware of the unsafe working conditions and failing to remedy them.
Holley is seeking compensatory damage with pre- and post-judgment interest. He is represented by J. Kristofer Cormany of Cormany Law in Charleston.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 22-C-935
