West Virginia Record

Monday, January 20, 2020

Md. man says truck driver pinned him against wall

By Kelly Holleran | Aug 20, 2009

KEYSER – A Maryland man is suing a West Virginia corporation and one of its employees after he says the employee pinned him to a wall while backing up a truck.

Charles Mitter filed a lawsuit July 15 in U.S. District Court for the Northern District of West Virginia against Lumber N Things and Lance Jeffrey Combs.

Mitter claims he was on a loading dock at Lumber N Things at the Keyser Industrial Park and waiting for his trailer to be unloaded on July 17, 2007.

"A vehicle being operated by Defendant Combs backed into the area where Plaintiff was waiting and Defendant Combs crushed Plaintiff between the Defendant Combs' vehicle and the bay wall of the dock," the suit states.

Because of the incident, Mitter sustained fractures to his left and right pelvis, according to the complaint.

"After the Plaintiff was stabilized, he required surgery on July 20, 2007 which involved joint screw fixation and external fixation of his pelvis with pins and rods," the suit states. "The external fixation device was required to be in place until October 2007."

Mitter claims he also experienced physical pain, suffering, injuries, emotional pain and mental anguish and incurred medical costs.

Mitter blames Combs for failing to keep a proper lookout. He says Lumber N Things negligently failed to properly train and educate its employees of safe operating procedures around the dock.

In the four-count complaint, Mitter is seeking compensatory, consequential, economic and special damages, plus pre- and post-judgment interest, attorney's fees, costs and other relief the court deems just.

Harry F. Bell Jr. of Bell and Bands in Charleston will be representing him.

U.S. District Court case number: 3:09-CV-49

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