Man says doors crushed him

By John O'Brien | Sep 8, 2006

CHARLESTON - A Lincoln County man says he was injured on the job and is suing his employer.

Jimmy Armstrong II filed the suit Aug. 28 in Kanawha Circuit Court against Anderson Distribution, Inc., doing business as Anderson Logistics.

In addition to being forced to work in an unsafe environment, Armstrong says the company will not let him return in a limited capacity.

"Defendant Anderson has refused to consider accommodation or discuss other jobs as required by the Workers' Compensation rehabilitation rules and has acted in bad faith," the complaint says.

Armstrong says he was working as a truck driver stationed in Nitro on Sept. 15, 2005, when the doors on his truck, which he says were not properly secured, collapsed on him and has been unable to work since.

"Plaintiff and others had raised this ongoing problem with the way the doors were not safely secured with management," the complaint adds. "Despite this, management failed to make any corrections."

Jason Huber of Charleston law firm Forman and Huber is representing Armstrong, who seeks compensatory damages for lost wages, medical bills, pain and suffering, emotional distress, nuisance, annoyance and aggravation.

Armstrong also says he is entitled to punitive damages.

Judge Irene Berger has been assigned the case.

Kanawha Circuit Court case number 06-C-1745

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