Estate of man killed by tree suing Appalachian Power

CHARLESTON - The woman in charge of Melvin D. Anderson's estate is suing over his death, which she says came as a result of his employment with Appalachian Power Company.

Robin A. Anderson filed the lawsuit April 26 against American Electric Power Service Corporation, Appalachian Power and Rick Mitchell, a systems distribution supervisor for Appalachian Power.

She says Melvin Anderson, who resided in Raleigh County until his death June 9, 2004, was working on a tree and limb clearing operation in Bolt on June 8, 2004, when an incident occurred that cost him his life.

"During these line clearing operations, the plaintiff's decedent was struck by a tree and/or tree limb, causing him great pain and suffering and proximately causing his death approximately four hours later the following day," the complaint says.

Appalachian Power is a wholly owned subsidiary of American Electric Power Service. Robin Anderson claims the company, namely Mitchell, did not provide enough safety training for line clearing operations.

She says the company intentionally did not provide enough training and is represented by Tim C. Carrico of Carrico Law Offices in Charleston.

The defendants are charged with providing an unsafe workplace and negligence, deliberate intention and a claim for punitive damages.

Anderson is also seeking compensatory damages.

Judge Paul Zakaib has been assigned the case.

Kanawha Circuit Court case number 06-C-770