Worker blames Agsten Construction for eye injury

By Matt Russell | Jun 23, 2014

CHARLESTON -- A construction worker is suing his employer, alleging it failed to provide required safety equipment

Jodie Estep filed suit May 29 in Kanawha County Circuit Court against Agsten Construction Company, citing deliberate intent.

According to the complaint, Estep was working a spin laser on Aug. 6, 2012, while building a a sidewalk at the Boy Scout Camp in Fayette County. According to Occupational Safety and Health Administration guidelines, operating the specified piece of equipment requires special goggles to be worn, but goggles were not provided to Estep by the defendant, the suit states. During the course of his work, the equipment caused blindness in his left eye and damage to his right eye, the suit states.

Estep is seeking compensatory damages or reinstatement, plus punitive damages.

He is represented by Charleston attorneys Lonnie C. Simmons and Robert M. Bastress III of DiTrapano, Barrett, DiPiero, McGinley & Simmons PLLC. The case has been assigned to Circuit Judge Jennifer F. Bailey.

Kanawha Circuit Court case number 14-C-1000

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