CHARLESTON —- A man is suing Alex Energy and Charleston Area Medical Center for the death of his father.

On Sept. 19, 2008, James Otis Woods was working as an independent contractor at Alex Energy's Number 1 surface mine in Nicholas County, according to a complaint filed Feb. 16 in Kanawha Circuit Court.

Woods was operating a Caterpiller bulldozer on a slope with a grade of 36 percent in order to remove a high wall when the bulldozer rolled over, according to the suit.

James Woods Jr. claims the defendants had a duty to his father and others working on the mine site to inspect the premises for hazards or unsafe conditions and to correct such hazards or unsafe conditions likely to cause harm to the workers.

Woods Sr. was transported to Charleston Area Medical Center and remained there until his death on Oct. 4, 2008, according to the suit.

Woods Jr. claims during his father's admission the nursing personnel and physicians failed to appropriately investigate, diagnose and treat Woods Sr.'s signs, symptoms and complaints, which resulted from a splenic rupture.

Woods Jr. is seeking compensatory damages. He is being represented by Tony L. O'Dell of Berthold, Tiano & O'Dell.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 10-C-286

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