West Virginia Record

Tuesday, April 7, 2020

Firms want crane accident suit in federal court

By Kelly Holleran | Dec 3, 2009

CLARKSBURG – Two corporations have removed a man's suit against them to federal court, saying the man is seeking more than $75,000 for alleged injuries he incurred while falling off the ladder of a crane.

Maxim Crane Works and Foster Wheeler Zack removed a complaint Ryan and Amanda Boley filed against them to U.S. Northern District Court of West Virginia on Nov. 6.

In their complaint, the Boleys say Maxim hired Ryan Boley to work as an apprentice on a crane, forcing him to ascend and descend the crane using ladders located on it.

On Oct. 10, 2007, Ryan Boley was working on a 500-ton Demag crane at Maxim's job site at the Pleasants Power Station on Willow Island when the incident occurred.

"As the plaintiff descended the steps/ladder from the crane's deck, he slipped and began to fall to the ground but managed to catch himself by grabbing onto a rung which resulted in serious and disabling injuries to his right arm and shoulder," the suit states.

Because of his fall, Ryan Boley sustained a right arm and shoulder injury, was forced to miss work, lost his earning ability and incurred medical costs. In addition, he claims he experienced mental and physical pain and suffering, mental anguish, emotional distress, loss of enjoyment of life and a diminished ability to engage in his work and everyday activities.

Amanda Boley experienced a diminished consortium with her husband, according to the complaint.

Before the incident occurred, Ryan Boley had requested the use of a safety harness, but Maxim denied him one, according to the complaint.

So Ryan Boley went to Foster Wheeler to request a safety harness, but was again denied its use, the complaint says.

The Boleys blame the defendants for negligently failing to provide a safe work place.

In their suit, the Boleys are seeking an unspecified judgment, plus pre- and post-judgment interest, attorneys' fees, costs and other relief the court deems just.

Because the Boleys are residents of a different state than the defendants and because they are seeking more than $75,000, the defendants removed the case to federal court.

William O. Merriman Jr. and Bill Merriman of Parkersburg will be representing the Boleys.

William M. Harter of Frost, Brown and Todd in Columbus will be representing the defendants.

U.S. District Court case number: 1:09-cv-153

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