CHARLESTON – A Mason County couple is suing  Kokosing Construction Company for injuries a man sustained while working on the Dick Henderson Bridge.

The West Virginia Department of Transportation-Division of Highways was also named as a defendant in the suit.

WVDOT entered into a contract with Kokosing to deconstruct and then design, manufacture and construct a replacement bridge connecting Nitro to St. Albans, according to a complaint filed Feb. 3 in Kanawha Circuit Court.

Charles L. McDade and Tammy McDade claim Charles McDade, who was employed by Kokosing, was assigned to perform various labor tasks on the bridge.

On March 4, 2013, Charles McDade was lawfully on the premises and was performing work, which caused him to be present on a concrete slab that was a portion of the bridge decking when the concrete slab gave way and Charles McDade fell approximately 15 feet to the ground, according to the suit.

The McDades claim Charles McDade was required to work on the concrete slab, despite the fact that there had been no inspection of the surface undertaken by either defendant and despite safety rules and regulations requiring inspection.

The defendants' conduct caused Charles McDade to suffer serious injuries, including a fracture of his left knee and leg, as well as complications from the treatment, according to the suit.

Charles McDade sustained physical pain and suffering; mental anguish and suffering; permanent physical impairment; loss of wages and benefits; loss of earning capacity and future benefits; medical expenses; and loss of enjoyment of life.

The McDades are seeking compensatory damages. They are being represented by Edwin H. Pancake of Maroney Williams Weaver & Pancake.

The case is assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 15-C-242

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