CHARLESTON -- A Chapmanville couple is suing New River Energy Corporation and Spartan Mining Company after injuries were sustained at work.

Eric U. Akers was employed by New River Energy as a coal exploration drill operator.

On Feb. 10, 2009, Akers was told to ride over to Spartan Mining Company's Mammoth Coal surface mine with a co-worker to pick up a 1966 Ford F600 water truck and drive it back to the maintenance shop, according to a complaint filed June 17 in Kanawha Circuit Court.

Akers claims while driving the truck back, he went down a steep haul road and the brakes failed, causing the truck to collide with a gravel pile on the side of the roadway and rendering him unconscious.

As a result of the defendants actions, Akers sustained extreme physical pain and suffering; extreme mental anguish and suffering; permanent physical impairment; loss of wages and benefits; loss of future earning capacity and benefits; loss of capacity to enjoy life; medical expenses; and annoyance and inconvenience, according to the suit.

Akers claims the defendants negligently exposed him to an unsafe workplace.

Akers and his wife, Misty D. Akers, are seeking compensatory damages. They are being represented by Paula L. Wilson

The case has been assigned to Circuit Judge Charles King.

Kanawha Circuit Court case number: 10-C-1078

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