Lawsuit filed in worker's death

CHARLESTON – The estate of a man who died after being injured on the job is suing three companies and a supervisor.

Judith Bird, representative of the estate of Larry Wayne Bird filed a lawsuit May 6 against Weatherby Processing, Magnum Coal, Patriot Coal Corp. and Gregory Williams.

The lawsuit says Larry, who was from Fayette County, was a father of six. He worked for Weatherby.

On Nov. 4, 2007, Larry was working at the Remington Preparation Plant at Ohley in Kanawha. Williams was the supervisor at the plant, the lawsuit says.

Larry's job was to perform maintenance equipment checks and repairs at the plant. He and a co-worker were on the third floor of the plant replacing a section of pipe, the lawsuit says.

The elevated pipe was not strapped down or otherwise restrained and a portion of the pipe fell toward Larry, the lawsuit says. In evading the falling pipe, Larry fell 19 feet to the ground floor through an opening and was severely injured. He died in Jan. 2008, the lawsuit says.

The lawsuit says that Williams personally observed Larry working with the unsafe pipe and without protective gear.

The plaintiff is seeking damages for lost wages, pain and suffering, funeral expenses and legal fees.

Anthony J. Majestro and Anthony Salvatore are representing the plaintiff. The case is before Kanawha Circuit Judge James Stucky.

Kanawha Circuit Court case number: 09-C-838