WHEELING - A custodian at Tridelphia Middle School in Wheeling is suing after he says parts of three of his toes were chopped off by a lawn mower in June 2004.

Clay Bowers filed a lawsuit May 3 in Ohio Circuit Court against True Value Co. and Don Meredith, individually and temporarily doing business as Convenient True Value Hardware Rentals.

He is represented by James Villanova of Villanova Law Offices in Pittsburgh.

Bowers, of Moundsville, says he picked up the lawn mower from Convenient True Value to use to cut the grass at Tridelphia after it had been serviced.

On June 3, 2004, he was moving the lawn when the blade struck his foot, taking off parts of three toes.

He says Convenient True Value did not reattach the blade guard after it had been serviced.

"Said negligence, carelessness, gross negligence, and recklessness of the defendant Don Meredith… was a direct and proximate cause of the plaintiff's incident with the aforesaid lawn mower and resulting injuries and damages," the complaint says.

Bowers is seeking compensatory, general and punitive damages.

Judge Martin J. Gaughan has been assigned the case.

Ohio Circuit Court case number 06-C-154G

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