WEST VIRGINIA RECORD

CHARLESTON - A Walton resident is suing MDI Remodeling & Contractions for injuries he sustained while working on a residential roofing project.

On Sept. 9, 2009, Steven Martin was working as an employee of Stephen K. Korsen, Inc., which was doing business as MDI Remodeling & Contracting and was on a residential roofing project when he was required to work more than 14 feet above ground level and more than six feet above a lower level without any protective equipment, according to a complaint filed Sept. 7 in Kanawha Circuit Court.

Martin claims the defendant did not provide him with any training pertaining to working at heights prior to requiring him to work at the heights greater than six feet.

While working with no safety restraints or other fall protection, Martin fell approximately 15 feet to the ground and landed on his back, according to the suit.

Martin claims he felt excruciating pain in his back and neck following the fall and upon being rushed to the emergency room, he was diagnosed with musculoskeletal strain.

Over time, the back pain did not resolve and later spread to Martin's legs, according to the suit.

Martin claims the unsafe and hazardous conditions of working at heights without safety protection presented a high degree of risk and a strong probability of serious injury or death.

The defendant had actual knowledge and an appreciation of the existence of such specific unsafe working conditions and of the high degree of risk and the strong probability of serious injury or death presented by the unsafe working conditions, according to the suit.

Martin is seeking compensatory damages with pre- and post-judgment interest. He is being represented by J. Parker Bazzle II.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 11-C-1555