Fayette man seeks $10 million for on-the-job fall

HUNTINGTON - A Fayette County man is seeking $10 million in compensatory and punitive damages, after he was seriously injured while worked on a construction site in Ashland, Ky.

Edward Hornak, through Pittsburgh attorney Peter D. Friday, filed a suit May 11 in Cabell Circuit Court against 12 defendants.

General Glass Company, Michael Bugg, Service Glass Company of Huntington, Inc., The Neighborgall Construction Company, Kreps and Zachwieja Architects/Consultants, Inc., Kreps and Kreps, Architects/Engineers, Inc., Total Safety Products, Inc., Total Safety Mechanical, Inc., Darin M. Dillow, Ashland Hospital Corporation and King's Daughters Medical Center are all named as defendants in the lawsuit.

Hornak was employed as a window glazier by General Glass. He was employed to a construction site at the Cardiac and Vascular Center Unit addition of King's Daughters Medical Center. On May 12, 2006, Hornak began working at about 7 a.m.

According to the suit, Hornak was instructed to work without safety equipment because no key was available for the gang box, which held the safety equipment. Therefore, no hard hats, harnesses or safety equipment could be accessed for that day.

Hornak began to install aluminum frames for windows on the third floor of the building, the suit says.

"The construction project was being rushed to completion for an open house event scheduled ... May 14, 2006," the suit says.

Hornak was on a ladder inside the building, installing a pane of glass, when he went though the opening and fell 40 feet to the ground.

As a result of his fall, he sustained several injuries, including a broken jaw, broken ribs, collapsed lung, broken hips, broken vertebrae, a head injury, and several other broken bones, contusions and other injuries.

In a seven-count suit, Hornak seeks $10 million for his medical expenses, compensatory and punitive damages.

The case has been assigned to Judge David M. Pancake.

Cabell Circuit Court case number 07-C-405