CHARLESTON – A Tire Centers employee claims he suffered right shoulder, neck and right wrist injuries after he fell 10 feet from a stack of tires.
Lee J. Estep and Paula Estep filed a lawsuit July 3 in Kanawha Circuit Court against Tire Centers and West Virginia Tire Disposal, citing deliberate intent, negligence and loss of consortium.
Lee claims he was working for Tire Centers on July 24, 2012, at its 330 MacCorkle Ave. location when he was told to remove used tires and to load them on a trailer. In the process of loading the used tires from the outside work yard, Lee was required and specifically directed by his supervisor to climb large stacks of tires in heights in excess of 10 feet in the rain to sort the larger tires from the smaller tires for loading purposes, the suit states.
While performing the required work, Lee Estep fell from the 10 foot pile, the complaint says. Due to his fall, in addition to his injuries, Lee experienced physical pain and suffering, endured mental anguish and physical impairment, lost wages and benefits, lost his capacity to enjoy life and incurred medical costs, according to the complaint.
Paula Estep claims she lost her husband's society, companionship and services due to his fall.
The Esteps blame Tire Centers for causing Lee's injuries, saying the store violated state and federal regulations because it had actual knowledge of unsafe working conditions.
West Virginia Tire Disposal is named as a defendant because it failed to properly position the trailer for loading, failed to properly set the trailer with a ramp, failed to properly train employees on how to load trailers and failed to ensure that the loading area was a safe environment, according to the complaint.
Lee J. Estep and Paula Estep are seeking a judgement of compensatory damages, plus pre- and post-judgment interest, punitive damages, attorney's fees, plus costs.
They are being represented by attorneys Robert B. Warner, Lynnette Simon Marshall and Andrew D. Byrd of Warner Law Offices in Charleston. The case has been assigned to Circuit Judge James C. Stucky.
Kanawha Circuit Court case number 14-C-1206