MARTIINSBURG - A Pennsylvania family has filed a suit against a Falling Waters man, alleging one of their family members was killed after he fell off a roof.
Victoria and Ian J. Hatcher of Greencastle, Pa., claim Troy K. Hatcher was helping Clarence E. Kline repair a section of his roof on Sept. 10, 2006, when he fell from the roof.
During Troy's fall, he hit a dump truck that Kline had supplied to discard material, according to the complaint filed Sept. 5 in Berkeley Circuit Court.
The Hatchers claim Ian, Troy's then 16-year-old son, was at the site with his father and saw him fall.
"Plaintiff Ian J. Hatcher attempted in vain to provide CPR to his father, Troy K. Hatcher Sr., immediately following the fall," the suit states.
But Troy did not survive, according to the complaint.
The Hatchers claim Ian has suffered serious and profound emotional distress after witnessing his father's death.
Victoria, Troy's wife, claims she has suffered sorrow, mental anguish and solace.
She also claims she has lost Troy's income and his services, protection, care and assistance.
The family was responsible for funeral expenses, the suit states.
Kline had a duty to provide Troy with a safe place to work, but did not, according to the complaint.
The Hatchers also claim Troy was placed in a hazardous or dangerous condition because he was not provided with adequate equipment to protect him from a fall.
They seek unspecified compensatory damages, pre- and post-judgment interest and other relief the court deems just.
They are represented by Chad S. Lovejoy of Duffield & Lovejoy in Huntington.
Berkeley Circuit Court case number: 08-C-1133
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