Man sues over work injuries

HUNTINGTON -- A Cabell County man is suing West Virginia Coatings, Inc., and Ajilon North America, LLC, after he claims he sustained injuries while working.

Ajilon North America, LLC previous was Adecco North America, LLC and is now doing business as Adecco Technical, LLC.

An unknown entity, entities or person was also named as a defendant in the suit.

On Sept. 22, 2009, Modericko Nash was subjected to hazardous, unsafe and dangerous conditions so as to cause him to be seriously injured by falling steel, according to a complaint filed Sept. 20 in Cabell Circuit Court.

Nash claims while he was working for Adecco on the premises of West Virginia Coatings, Inc., he was instructed to load steel products onto trucks and to move steel in and around the job site to be loaded onto trucks.

As a result of the defendants' actions, Nash sustained injuries, including crushing and multiple phalangeal fractures of the right foot, causing multiple surgeries, according to the suit.

Nash claims the defendants' negligence caused him extreme physical pain and suffering; extreme mental anguish and distress; permanent and severe physical impairment; permanent and severe psychological impairment; permanent economic loss of earning capacity; permanent loss of ability to enjoy life and his usual societal pursuits; medical expenses; permanent economic loss of household services; and other damages.

The defendants failed to make sure that workers do not operate equipment unless they have been trained and licensed; failed to implement and enforce a comprehensive written safety program that included worker training, operator licensure and a timetable for reviewing and revising the program; failed to follow applicable OSHA regulations; and other outrageous and negligent acts contributing to Nash's injuries, according to the suit.

Nash is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Michael A. Woelfel and Richard W. Weston.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 11-C-700