CHARLESTON -- A Jackson County man is suing Cast & Baker Corp. and Westfall's Heavy Machinery Repair after he claims he sustained injuries when he was forced to jump from a runaway machine while working.
On Feb. 25, 2009, Carl White who was employed by Cast & Baker, was instructed to perform road grading work at the Yeager Airport runway and taxi extension project job site, according to a complaint filed Nov. 10 in Kanawha Circuit Court.
White claims while traveling up a hill, the grader's engine stalled, causing it to roll backward.
The grader did not have operable brakes and without engine power, there was no way to stop the grader, according to the suit.
White claims he "was forced to leap from the runaway grader before it either rolled off the side of the hill or struck the parked dump truck."
The plaintiff "landed on his feet, rolled and hit his head, causing him to sustain severe and permanent injuries," including fractures to the tibia and fibula of his right leg; a bone bruise of his left knee; a torn meniscus in his left knee; a tear in the talofibular ligament of his left ankle; and sprains and strains of his neck, lumbar spine and both shoulders, according to the suit.
White claims the defendants violated West Virginia Code because they exposed him to unsafe working conditions.
White is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Robert B. Warner and William B. Hicks.
The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 10-C-2028