Contractor didn't follow plans, caused worker's death

By John O'Brien | Dec 26, 2006

CHARLES TOWN - The estate of a man killed while working near power lines is suing a Charles Town business that was engaged in the building of townhouses in Ranson.

Vivian Roth and Michelle Beckner, co-representatives of the Estate of Billy Wayne Carroll, filed the lawsuit Dec. 8 in Jefferson Circuit Court.

They allege that Marcus Enterprises did not following the plans approved by the Jefferson Zoning Board and ended up causing Carroll's death.

Believed partners Ronald Marcus, Terry Marcus, Lana Shultz and Karen Lack are also listed as defendants, as is C. Leeds Corbin.

The lawsuit says that on Feb. 2, 2005,Corbin and Carroll were subcontractors when building began.

"On that date, he was injured while installing aluminum drip edge material on the building addition to a townhouse within the Townes at Marshall Square on an end lot," the complaint says.

"Specifically, injuries from the electrical shock and/or the electrical shock causing him to fall from the scaffold 24 feet to the ground, thereby causing Billy Wayne Carroll's death."

The complaint blames the defendant for providing too little clearance between the building and the power line where Carroll was working. It says Ronald Marcus and Corbin failed to "competently manage the construction site so as to avoid the injury to and death of Plaintiffs' decedent."

It also says Corbin failed to require Marcus Enterprises to comply with the applicable safety standards.

"Billy Wayne Carroll died intestate as a proximate result of injuries caused by the negligence of the defendants," the complaint says.

It adds that he his survived by his daughter Heather and parents Vivian Roth and Alec Carroll.

The estate seeks compensatory damages, including $23,000 for medical expenses and $11,500 for funeral expenses.

"The construction of the 'bump out' was a material alteration of the structure of the townhouse which was not part of the plans approved by the City of Ranson," the complaint says.

The suit also seeks punitive damages.

Charles Town attorney Robert Aitcheson is representing the plaintiffs.

Judge Thomas Steptoe Jr. has been assigned the case.

Jefferson Circuit Court case number 06-C-408

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