House fell on man, suit says

by John O'Brien |
Dec. 22, 2006, 3:58am

CHARLESTON - A Clendenin man says that while he was performing the installation of a manufactured house, it fell on him and pushed him into the ground.

Blaine Wilson is suing S&K Sets as a result of the alleged incident in Kanawha Circuit Court. The lawsuit was filed Dec. 13.

Wilson says he was self-employed and began work Aug. 16, 2006, as a subcontractor along with S&K on the installation of a manufactured home in Mingo County.

The lawsuit says that on Aug. 17, "Eddie Fitzwater and Terry (Fitzwater) were working under the home on one side and the plaintiff and James Fitzwater were under the home on the other side. Eddie and Terry were jacking up the home as James, assisted by the plaintiff, was putting crib timbers in place to support the roller pan. Ricky Hayes was on the outside of the house handing timbers to the plaintiff and James Fitzwater as they needed them.

"Blaine Wilson was on his knees positioned under the home when Eddie yelled that the home was falling off its supports. The manufactured home fell off its supports and onto the plaintiff, striking him in the lower portion of the back.

"His face and head were shoved into the ground and he was knocked unconscious. Eventually he was extricated from under the home."

As a result, Wilson says he suffered severe and permanent injuries.

He charges S&K Sets with negligence for failing to assess the area and sufficiently support the cribs.

He seeks compensation for medical expenses, pain and suffering, loss of ability to enjoy life, emotional distress, mental anguish, annoyance, inconvenience and scarring and disfigurement.

Wife Taryn makes a claim for loss of consortium, and they both seek punitive damages.

Frank Venezia of Shaffer and Shaffer in Madison is representing the plaintiffs.

Judge James Stucky has been assigned the case.

Kanawha Circuit Court case number: 06-C-2640

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