CHARLESTON -- A former employee is suing The Home Depot and Beam Team Inc. after he suffered a work-related injury.

On April 1, 2008, David L. Leo was required to remove a merchandise display and install display beams and supports for a display, according to a complaint filed March 16 in Kanawha Circuit Court.

Leo claims he was required to climb upon a second level of product shelves to remove the display and while he was doing so, the wood decking and beam shelf supports gave way, causing him to fall to the ground.

As a result from the fall, Leo suffered severe permanent injuries, including blunt trauma to the knee and a hole in his knee below the knee cap, according to the suit.

Leo claims he sustained physical pain and suffering; mental anguish and suffering; permanent physical impairment; loss of capacity to enjoy life; medical expenses; annoyance and inconvenience; and lost wages and future earning capacity.

Leo claims he was denied workers' compensation benefits, despite the fact that he was a regular employee for the defendant. He claims the defendants failed to provide a reasonably safe workplace.

Leo is seeking compensatory and punitive damages. He is being represented by Kristofer Cormany.

The case has been assigned to Circuit Judge Louis Bloom.

Kanawha Circuit Court case number: 10-C-502

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