Upshur man sues employer for N.Y. work injury

CHARLESTON - An Upshur County man is seeking $25,000 from his employer after his legs were crushed by equipment while working on a well in New York.

Jeff T. Gay filed the suit Dec. 21 in Kanawha Circuit Court against Phoenix Drilling Inc.

According to the suit, Gay was working at a work site at East Energy Resources in New York on April 26, 2007. While working, Gay was using a wench to move a drill pipe.

The suit says the wench, "later determined to be improperly installed, malfunctioned and spooled inward," causing the drill pipe to be pulled into Gay, crushing his legs and pinning him between two pieces of steel.

Gay claims Phoenix Drilling failed to provide a safe wench for the job. Gay claims the company violated safety laws and regulations by failing to properly maintain the wench in a safe working condition.

Gay claims he suffered injuries to his back, legs, internal organs, and upper and lower extremities, suffering approximately $25,000 in medical expenses.

Gay seeks compensatory damages.

Attorney Robert V. Berthold, Jr. is representing Gay. The case has been assigned to Judge Tod Kaufman.

Kanawha Circuit Court case number 07-C-2721