Man allegedly injured during unloading procedure

By John O'Brien | Jun 15, 2006

MOUNDSVILLE - A McMehen couple is suing a pair of companies that they say are to blame for injuries sustained while unloading trusses.

Daniel and Jane Bartsch filed the lawsuit June 3 in Marshall Circuit Court against Blattner Truss, Inc., and EAJCO, Inc.

Daniel Bartsch says he was a customer of Blattner's on June 27, 2005, when a load of trusses were delivered by EAJCO. A truss is a static structure consisting of straight slender members inter-connected at joints into triangular units.

Bartsch says the trusses collapsed and fell from the side of EAJCO's truck, striking him and knocking him out.

Bartsch charges the defendants with: Failure to secure the load of trusses properly; delivering an unsafe load of trusses; failing to safely unload the trusses; failure to maintain equipment; negligent hiring of employees or agents; failing to adequately train and/or supervise employees; failing to inspect faulty equipment; and using faulty equipment.

"As a direct and proximate result of the negligence of the defendant Blattner Truss, Inc., the plaintiff Daniel Bartsch suffered injuries to his head, neck, back, knees and various ther parts of his body, some of which are believed to be permanent in nature," the complaint says.

He believes he will incur future medical bills and a future loss of earning capacity.

Jane Bartsch says she has suffered "loss of society, services, comfort and consortium of her husband."

They are seeking compensatory damages.

David A. Jividen of Jiveden Law Offices in Wheeling is representing the plaintiffs.

Judge John Madden has been assigned the case.

Marshall Circuit Court case number 06-C-133

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