WHEELING - A man says he was walking on a landfill in Wheeling when he was poked by a dirty needle and is suing two garbage agencies because he contracted AIDS.

Gerard Joseph and wife Stephanie filed the suit Dec. 15 in Ohio Circuit Court against Allied Waste Services of Wheeling and Short Creek Landfill and North Fork Landfill, Inc.

He says those three failed to fix a correctable dangerous condition on Dec. 15, 2004.

The suit says they failed to barricade the dangerous passageway, warn Joseph, inspect their premises, exercise ordinary care, supervise persons to maintain the property, remove needles, repair an unreasonably dangerous condition and implement proper safety protocol.

In addition to the negligence charges, Josephs says the defendants committed an intentional infliction of emotional distress.

"Plaintiff Joseph was actually exposed to the contracting of diseases, including but not limited to AIDS, by the acts and/or omissions of Defendants," the complaint says. "The exposure to the diseases, including but not limited to AIDS, raises a medically established possibility of contracting a disease and the disease will produce death or substantial disability requiring prolonged treatment to mitigate and manage or promising imminent death."

He also makes a claim for punitive damages while seeking compensatory damages for things like medical care and loss of enjoyment of life.

Stephanie Joseph makes a claim for loss of consortium.

Jacob Robinson of Robinson Law Offices in Wheeling is representing the Josephs.

Ohio Circuit Court case number 06-C-461

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