WEST VIRGINIA RECORD

CHARLESTON - A Kanawha County couple has filed a suit against a local company after the husband fell off a roof while on a job site with the company.

John and Carolyn Blackwell filed a suit March 30 in Kanawha Circuit Court, against O.V. Smith & Sons of Big Chimney Inc.

Before his injuries, Blackwell had been a laborer with O.V. Smith & Sons for almost 10 years.

On April 5, 2005, Blackwell was working with O.V. Smith & Sons at the former Big Chimney Elementary School, replacing the roof on the building.

According to the suit, Blackwell had no training involving roofing or working at regulated heights.

The suit says Blackwell was instructed to carry pieces of removed roofing material to the "unprotected edge of the roof," and throw them in a dumpster on the ground.

While following the directions he was given, Blackwell fell off the roof onto the cement sidewalk below, "suffering catastrophic and permanent injuries," the suit says.

According to the suit, Blackwell severely fractured both his feet as well as his hand.

"As the result, his ability to walk is severely impaired and he cannot grip or close his hand," the suit says. "He is totally disabled and unable to perform gainful employment."

Blackwell, through his attorney J. Miles Morgan, claims that if O.V. Smith & Sons had followed proper safety training and provided a guardrail system or other safety devises, Blackwell would not have fallen.

John and Carolyn Blackwell seek compensatory and punitive damages.

The case has been assigned to Judge James Stucky.

Kanawha Circuit Court case number 07-C-621