Dept. of Transportation sued over injury by worker

By John O'Brien | Dec 7, 2006

CHARLESTON - A Lincoln County man is suing three entities because he says he was hit in the leg by a drill rig while at work.

Jason Layne filed a lawsuit Dec. 1 in Kanawha Circuit Court against the three entities, claiming they are at fault for the June 10, 2005, alleged incident.

The defendants are: Meridian Communications and Construction, Layne's employer; West Virginia Department of Transportation's Division of Highways, which contracted Mid-Atlantic Drilling for repair work in Webster County; and Mid-Valley Construction, the owner of the drill rig.

Layne claims he was helping to repair and support sections of roadway near Replete Road when he was struck.

He also claims Meridian, which does business as Mid-Atlantic Drilling, is not immune from civil action despite his Workers Compensation claim because his injuries were a "proximate result of Meridian's deliberate intent to produce such injuries."

By claiming Meridian forced him to work in unsafe conditions, Layne hopes to prove that deliberate intent.

Bert Ketchum of Greene, Ketchum, Bailey, Walker, Farrell and Tweel is representing Layne.

Layne's wife Gina makes a claim for loss of consortium. Jason Layne says that he suffered permanent injuries and has incurred medical expenses. Also, he says he lost the ability to enjoy life, wages and earning capacity.

Judge Tod Kaufman has been assigned the case.

Kanawha Circuit Court case number 06-C-2566

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