WHEELING -- Precision Pipeline LLC wants a case in which a former employee's family claims the company's negligence caused the employee's death heard in federal court.
Jennifer D. McDanell, individually and as administratrix for the estate of Robert Leon McDanell, originally filed her lawsuit May 31 in Brooke Circuit Court, alleging Robert McDanell was working an unreasonably unsafe job when he was struck and killed by large section of pipe. On June 19, Precision Pipeline sought to have the case removed to federal court.
Jennifer McDanell, of Louisiana, alleges Robert McDanell was working for Precision Pipeline in Brooke County on Dec. 16, 2012, when he attempted to place a large section of pipe into a prepared trench. The claim states the site was unnecessarily dangerous due to the pipe being on the wrong side of the trench, therefore, McDanell and another employee had to use excavators to pick up and transport the pipe.
According to the lawsuit, the large pipe swung into the cab of McDanell's excavator while being transported, and struck him in the chest, causing his death. Precision Pipeline is accused of failing to provide a safe workplace for McDanell.
Precision Pipeline is seeking the removal due to the amount in controversy exceeding $75,000.
Precision Pipeline is being represented in the case by attorney George J. Joseph of Mannion & Gray, L.P.A. in Charleston. McDanell is being represented in the case by attorney Geoffrey C. Brown of Bordas & Bordas PLLC in Wheeling.
U.S. District Court West Virginia Northern Case No. 5:14-cv-00081-FPS