Former Mount Storm Power Station worker says he lost fingers

By Joel Brakken | Dec 3, 2013

CLARKSBURG - A man and his wife are suing after he allegedly lost three fingers while in the scope of his employment.

Marcos Martinez and Jeaneth Martinez filed a lawsuit Oct. 23 in the Circuit Court of Monongalia County against Dominion Resources Inc., Dominion Generation Corporation and Southern Field Maintenance and Fabrication LLC, citing negligence.

The case has since been removed to federal court.

According to the complaint, on May 17, Marcos Martinez was working for Southern Field Maintenance at the Mount Storm Power Station and was in the process of uploading large, heavy boxes containing tools and equipment.

The complaint alleges that while assisting with the upload operation, his fingers were caught in a tugger cable, resulting in the amputation of three fingers. The complaint alleges that the defendants were negligent in failing to provide a reasonably safe workplace, among other claims.

Martinez is seeking an undisclosed amount in damages. He and his wife are being represented in the case by attorney William L. Frame of Wilson, Frame & Metheney PLLC.

On Nov. 25, the defendants removed the case to U.S. District Court for the Northern District of West Virginia.

The removal notice says the plaintiffs live in Texas and the defendants are incorporated under the laws of Virginia and Alabama.

It also says the amount in question exceeds a $75,000 threshold for federal jurisdiction.

Circuit Court of Monongalia County Civil Action No. 13-C-822
U.S. District Court for the Northern District of West Virginia case number 1:13-cv-00254

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