Nicholas man blames injuries on company, employees

By Cara Bailey | Mar 7, 2007

CHARLESTON - A Nicholas County man says negligence by a company and two of its employees caused him to be injured.

Arvin Lucas filed a suit March 2 in Kanawha Circuit Court against Hurberries Inc., James Fraley and John Doe.

On Dec. 3, 2005, Lucas, a rock truck operator with ICG LLC, a subsidiary of International Coal Group Inc., was working at the Birch River mine site in Birch River. He was climbing into the cab of his truck when a rung on the ladder broke, causing him to fall.

"As he fell, (Lucas's) leg became caught between the truck and the remaining part of the ladder thereby dislocating his hip, tearing his groin muscle, and tearing the anterior cruciate and meniscus ligaments in his knee," the suit says.

Before Lucas used the truck, Fraley and the John Doe had repaired the ladder on which Lucas was injured.

Lucas says the carelessness of the defendants caused his fall and injuries. He, as well as his wife Teresa who is also named as a plaintiff in the suit, seek compensation for the injuries, expenses and loss of wages.

Tony O'Dell is representing Lucas, and the case has been assigned to Judge Jennifer Bailey Walker.

Kanawha Circuit Court case number 07-C-375

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