Recycling company sued

By John O'Brien | Jun 15, 2006

MOUNDSVILLE - A Marshall County man is claiming he was injured while working at a recycling plant.

Michael P. Midcap filed a lawsuit June 6 in Marshall Circuit Court alleging that Wheeling-based Automatic Recycling, Inc., is to blame for an incident involving a conveyor belt.

Midcap says he was working April 1, 2005, when he "sustained serious personal injuries as a direct and proximate result of being forcibly pulled into an unguarded conveyor belt assembly where he was continually and/or repeatedly violently battered by the conveyor belt."

Automatic Recycling is being charged with violating state and federal safety rules.

"Automatic Recycling… had a subjective realization and an appreciation of the existence of the specific unsafe working condition and of the high degree of risk and the strong probability of serious injury or death presented by the specific unsafe working condition," the complaint says.

Midcap claims he has incurred pain and suffering, loss of income, medical expenses, impairment of earning capacity, disfigurement and loss of enjoyment of life.

He is seeking compensatory damages.

David Hummel, Jr. of Wheeling law firm Hummel Law Offices is representing Midcap.

Judge Mark Karl has been assigned the case.

Marshall Circuit Court case number 06-C-130K

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