Ohio couples sues Steel of W.Va. for work injuries

HUNTINGTON -- An Ohio couple is suing Steel of West Virginia and an individual who designed a clip feeding machine for work-related injuries.

On Sept. 26, 2008, Michael R. Scarberry was injured while acting in the course of his employment with SWVA Inc. and Steel of West Virginia, according to a complaint filed Feb. 23 in Cabell Circuit Court.

Scarberry claims his left hand became caught in the hydraulic clip feeding machine he was operating according to the instructions and training he was given by his employer.

At the time of the occurrence, the clip feeding machine did not have proper machine guarding to prevent such a thing to happen, according to the suit, but all of the other clip feeding machines in the department had the guarding.

The clip feeding machine was designed by Charles Abbott, according to the suit.

Scarberry claims the defendants subjected him to unsafe working conditions that presented a high degree of risk and strong probability of serious injury or death.

Scarberry sustained pain and suffering, loss of income, medical expenses, impairment of earning capacity and loss of enjoyment of life.

Scarberry's wife, Nellie Scarberry, claims she has incurred medical expenses as a result of the injuries sustained by her husband and sustained great and irreparable loss in that she has been deprived of the society, companionship, consortium and services of her husband.

The Scarberrys are seeking compensatory damages. They are being represented by Edwin M. Pancake of Maroney, William, Weaver & Pancake.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 10-C-160