Man sues St. Albans FOP, official for work-related injury

CHARLESTON -- A man is suing the St. Albans Fraternal Order of Police Lodge No. 88 and its vice president after he was injured while working for them when he was a minor.

Gary Pauley claims he worked for Mark Burdette during the summer of 2008 doing maintenance work on property owned by the St. Albans Fraternal Order of Police Lodge No. 88, according to a complaint filed Nov. 10 in Kanawha Circuit Court.

Pauley claims on July 11, 2008, Burdette instructed him and Brian Sutton to clear a portion of the property with a chainsaw, but failed to provide them with protective equipment or training.

After directing Pauley and Sutton to cut brush, trees and other debris off the land, Burdette left the property and left them unsupervised, according to the suit.

Pauley claims Sutton attempted to cut a tree approximately 26 inches in diameter and the chainsaw became stuck in the tree trunk. Pauley and Sutton attempted to free the saw blade from the tree and while doing so, the saw blade cut through the tree both Sutton and Pauley attempted to retreat.

While retreating, Sutton accidentally struck Paul with the chainsaw. Paul claims he suffered extreme physical pain and suffering; extreme mental anguish and suffering; permanent physical impairment; loss of capacity to enjoy life; medical expenses; wage loss and loss of earning capacity; annoyance and inconvenience; and permanent scarring and disfigurement.

Pauley is suing for compensatory damages for negligence and violation of West Virginia Code. Brett J. Preston and C. Benjamin Salango of Preston & Salango are representing him.

The case has been assigned to Circuit Judge Louis Bloom.

Kanawha Circuit Court case number: 09-C-2101