CHARLESTON – A state Division of Highways employee has sued the agency following an on-the-job injury.
Michael Morgan and his wife Gail Morgan filed their complaint in Kanawha Circuit Court against the West Virginia Department of Transportation, Division of Highways. The Morgans live in Shady Spring in Raleigh County.
According to the complaint, Michael Morgan was employed as an equipment operator by the DOH since 2017. His regular duties included operating a concrete roller or "brush hog" mower on road projects across southern West Virginia. However, on March 3, 2022, he was assigned a new task of clearing out and washing old freight cars for storage at the DOH facility in Beckley.
While cleaning out the cars, Morgan was removing 25-pound metal electrical boxes that were about 8 feet off the floor of the cars. When doing this, Morgan says one of the boxes sprang free and struck him in the face, knocking him off of his stool. He was transported by ambulance to a hospital.
After two months, Morgan says he still was having neck pain. An MRI showed serious neck and head injuries that required treatment, therapy and a spinal fusion. Morgan says he no longer is able to be gainfuly employed because of the injuries.
The complaint claims Morgan's supervisor did not conduct a Job Safety Analysis or hazard assessment for this specific task despite it being unfamiliar to him. Morgan says this failure to provide mandatory training is considered as creating a specific unsafe working condition under West Virginia law.
The plaintiffs seek compensatory damages. They are being represented by Ryan Stewart and Jacob N. Snuffer of Bailey Javins & Carter in Charleston. The case has been assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number 24-C-165
