Man sues Central Van & Storage, Lowe's for injuries

By Kyla Asbury | Mar 1, 2010

CHARLESTON -- A Charleston man is suing Central Van & Storage and Lowe's Home Centers after he was injured.

Phillip C. Johnson was employed by Central Van & Storage and on May 15, 2008, he was assigned to deliver appliances to Lowe's, according to a complaint filed Feb. 10 in Kanawha Circuit Court.

Johnson claims Central Van & Storage had double-stacked the washing machines in the delivery truck, which the packages indicate they should not be for safety reasons.

Johnson claims he requested assistance in unlading the double-stacked machines from Lowe's employees. He claims he specifically warned the employees not to push the dolly with the washing machines forward after it had balanced.

The Lowe's employees pushed Johnson into a one-half inch gap between the Central Van & Storage truck and the loading plate, causing the double-stacked washing machines to proceed forward and strike him, according to the suit.

Johnson claims he sustained injuries to his back, neck, head, hands and wrist. He claims Central Van & Storage's actions in requiring him to unload double-stacked washing machines constituted as unsafe working conditions in the workplace.

Johnson is seeking compensatory damages. He is being represented by Brent K. Kesner and Daniel W. Greear of Kesner, Kesner & Bramble, and Kevin C. Harris and Eric J. Holmes of the Law Offices of Harris & Holmes.

The case has been assigned to Circuit Judge Charles King.

Kanawha Circuit Court case number: 10-C-263

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