Worker settles claim that mud-shaker sparked, caused fall

CLARKSBURG – A man who claimed he was thrown 10 feet to the ground as a result of an electrical accident has settled his lawsuit.

James Holbert sued Baker Hughes Inc., Range Resources-Appalachia, Greene’s Energy Services and OMG, L.L.C. in 2012 in Harrison County Circuit Court, though the lawsuit was later removed to U.S. District Court for the Northern District of West Virginia.

In it, he said he was injured on April 24, 2010, at Range Resources’ well site in Taylorstown, Pa.

At the time, he worked for Northeast Energy Management and was conducting drilling operations with a mud-shaker at the well site. The electrical supply wire from the generator to the mud-shaker was located between the metal stairs and metal platform of it but was installed without a circuit breaker, he says.

“Holbert was climbing the metal stairs to the mud-shaker’s platform to check the screen settings and help his co-worker clean streams,” the complaint says.

“As Holbert was climbing the metal stairs, the stairs contacted the electrical supply wire causing a flash, and Holbert was thrown 10 feet to the ground.

“Personnel at the job site attempted to turn off the generator, but with no ‘kill’ switch available, the fuel supply to the generator had to be crimped so as to deny the generator fuel causing it to eventually stop operating.”

A mediator’s report was filed April 2, and the case was dismissed that day. Terms of the settlement were not disclosed.

Five weeks earlier, Baker Hughes asked U.S. Magistrate Judge John S. Kaull to release Holbert’s Board of Pharmacy records. After receiving no opposition from Holbert’s attorney, Kaull granted the request.

“In discovery, Baker Hughes requested information concerning Mr. Holbert’s past work experience including the names and dates of his prior employers,” the company wrote in its Feb. 28 motion.

“In response, Mr. Holbert identified three employers that he worked for since 2000. However, Mr. Holbert’s Social Security Earnings Statement identifies 16 employers that he has worked for since 2000.

“Mr. Holbert’s medical history, including his medication history, is relevant to his claimed damages. The Board of Pharmacy Report is a more reliable source of information than Mr. Holbert’s recollection of his past medical history.”

Baker Hughes was represented by Samuel D. Madia and Christopher A. Brumley of Flaherty Sensabaugh Bonasso in Charleston.

Holbert was represented by R. Dean Hartley and J. Michael Prascik of Hartley & O’Brien in Wheeling and Trent Redman and Michael Payne of Redman & Payne in Charleston.