RIPLEY – A Jackson County woman is suing over claims her husband was killed at work when he was allegedly instructed to cut 70-foot trees by himself.
Kimberly Dawn Westfall, individually and as administratrix of the estate of Jimmie Allen Westfall, filed a lawsuit in Jackson Circuit Court against David Roy Chase, doing business as Chase Logging, and Eldon Jones, citing negligence.
According to the complaint, on Feb. 21, 2013, Jimmie Allen Westfall was doing hauling work for Best Logging on defendant Chase's job site on property owned by Jones on Rock Castle Road in Rock Castle.
The complaint states Chase and Best Logging instructed Westfall to work alone, using a chainsaw to cut down 70- to 81-foot trees that were 22 to 25 inches in diameter, without proper safety equipment. The lawsuit states one of these trees fell on Westfall, causing fatal injuries. The defendants are accused of failing to provide Westfall with a safe place to work or proper training for the area in which he was instructed to work.
Kimberly Westfall seeks compensatory and punitive damages, interest, costs and attorney fees.
She is represented by attorneys Brent K. Kesner of Kesner & Kesner in Charleston, and Eric J. Holmes and Kevin C. Harris of Law Offices of Harris & Holmes in Ripley. The case has been assigned to Circuit Judge Tom Evans.
Jackson Circuit Court case number: 14-C-116.