Couple sues over husband's work-related injury

HUNTINGTON — A man and his wife are suing his former employer and a construction company after he suffered a work-related injury.

Chester Napier was employed by Cabell Sheet Metal & Roofing and was on a work site near the intersection of Fifth Avenue and 20th Street when he was injured, according to a complaint filed Nov. 4 in Cabell Circuit Court.

Napier claims he and his co-workers has made repeated requests to Mascaro Construction Company to provide a safe surface to walk on at the job site because it was covered with mud and contained numerous trenches and ditches, some two and three feet deep.

On March 14, 2008, Napier fell in the mud and injured his back and both of his knees. He claims to have suffered serious and permanent injuries; physical and mental pain and suffering; loss of enjoyment of life; loss of capacity to earn an income and perform household services, duties and responsibilities; annoyance, inconvenience, embarrassment and humiliation; and medical expenses, including knee surgery.

Napier's wife, Kelly Napier, claims to have suffered a loss of the consortium, services, economic and emotional support and society of her husband.

The Napiers are suing for compensatory and punitive damages. Kenneth P. Hicks is representing them.

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

Cabell Circuit Court case number: 09-C-881