Couple sues excavation company following accident

By Carol Ostrow | Mar 6, 2015

WEST UNION – A Franklin couple is suing for compensation for benefits in a work-related accident.

Elbert D. Moyers and Carmen Moyers filed a lawsuit Feb. 12 in Doddridge Circuit Court against Ellingson Trenchless, seeking compensation for benefits.

According to the complaint, Elbert Moyers reported to work Sept. 28, 2013, for a project to bore under a highway for a pipeline installation and he was directed to perform tasks without proper safety precautions for hydraulic excavation equipment, despite informing his supervisor that he was not trained to do so.

The suit states equipment parts failed, causing a piece to penetrate the driver’s cab and strike Moyers. The lawsuit says the accident resulted in multiple acute injuries, impaired earning capacity, pain and suffering, loss of consortium and services to his wife and medical expenses in excess of $200,000.

The suit alleges violation of OSHA regulations, deliberate intention and unsafe working conditions.

Moyers and his wife seek damages in excess of those already covered by workers’ compensation, plus attorney fees and costs. They are represented by attorneys Jeffrey Bowers of Bowers & Bowers in Franklin, and John Cooper of Cooper & Preston in Parsons.

Doddridge Circuit Court case number: 15-C-7

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