WAYNE -- An East Lynn man is suing the West Virginia Department of Highways after she was injured on the job.
On Aug. 20, 2009, Jeffrey Scott Clay was operating a backhoe owed by the defendant while he was employed by the defendant, according to a complaint filed Sept. 16 in Wayne Circuit Court.
Claim claims when he attempted to dismount the backhoe by stepping down onto the step on the battery box, the cover shifted and threw him to the ground.
Prior to the accident, the defendant had removed all by one of the bolts holding the battery cover in place on the backhoe and intentionally left the remaining bolt loose, according to the suit.
Clay claims he sustained severe shoulder, back, knee and leg injuries from the accident.
The defendant negligently failed to properly control the maintenance of their machinery and violated West Virginia law and safety standards, according to the suit.
Clay claims the conditions of the backhoe "greatly increased and created a specific unsafe working condition which presented a high degree of risk and a strong probability of serious injury to those who may be operating said backhoe."
The defendant had knowledge of the specific unsafe working condition prior to Clay's accident, according to the suit.
Clay is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Donald R. Jarrell.
The case has been assigned to Circuit Judge James H. Young Jr.
Wayne Cicuit Court case number: 11-C-191