West Virginia Record

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Jackson Hewitt sued for employee's injury

By Kyla Asbury | Apr 2, 2012

CHARLESTON -- A TME Enterprises employee is suing after he sustained injuries while on the job.

On Nov. 24, 2010, Phillip Belcher was working as an employee for TME at its Jackson Hewitt Tax Services office in Charleston and was walking through the common area of the multiple work stations to answer a ringing telephone line that could not be answered from his work station when he tripped over exposed computer wires stretched across the walkway and fell, according to a complaint filed March 9 in Kanawha Circuit Court.

Belcher claims when he fell, he sustained a severe intra-articular distal tib-fib fracture and two days later, he underwent an external fixator placement of his fibula fracture, but after the surgery, the hardware in his ankle became infected.

On Dec. 30, 2010, Belcher underwent surgery to remove the hardware in his leg and irrigation and debridement of the infected area, according to the suit.

Belcher claims despite the removal of the infected hardware, irrigation, debridement and extensive antibiotic therapy, in February 2011, he underwent a below-the-knee amputation of his right leg.

The defendants had actual knowledge of the existence of the unsafe working condition Belcher was exposed to, but failed to fix it, according to the suit.

Belcher claims the defendants' negligence caused him severe and permanent injuries.

As a result of the defendants' actions, Belcher was exposed to the unsafe working condition that caused him to suffer bodily injury, the loss of the ability to enjoy life, lost wages, humiliation, embarrassment, annoyance, aggravation, mental anguish and inconvenience, according to the suit.

Belcher is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Robert B. Warner and Lynnette Simon Marshall.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 12-C-446

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