Man bashes knee with sledgehammer, sues company

HUNTINGTON – A man is suing Xact Restorations, LLC, after he claims he was injured while performing his work duties.

On Nov. 18, 2010, National Abatement Cleaning, Inc., submitted a lump sum proposal to Xact for the removal of asbestos at a house in Kenova that had previously been damaged by fire in the amount of $3,587.50, according to a complaint filed Nov. 21 in Cabell Circuit Court.

James Earl Chapman claims in conjunction with the lump sum proposal, NAC also submitted test results from a local testing agency in Putnam County, which demonstrated that certain materials or products located in the house contained more than 2 percent asbestos.

Xact notified Andre Motley, the president of NAC, that his bid was approved and that it was to begin removing asbestos from the house, according to the suit. However, the employees of NAC who were charged to work on the asbestos removal project after being hired by Xact were never licensed by NAC in accordance with West Virginia code, the suit claims.

Chapman claims he was not provided with any training as to the proper way to remove asbestos, nor did NAC take the requisite statutory steps to have him licensed for the project.

In addition to NAC’s failure to provide Chapman and his co-workers with the proper training and license before beginning work on the asbestos removal project and when they arrived for work at the Kenova house, they were not provided with the proper safety equipment necessary to assist in the safe and legal method of removing asbestos, according to the suit.

Chapman claims on the first day of the project he was informed that if he started to feel dizzy or lightheaded from inhaling the asbestos fumes without the proper equipment, that he should simply go outside and get some fresh air for ten to 15 minutes.

In the evening hours of Nov. 23, 2010, Chapman had been working most of the day without the proper safety equipment and having received no proper training regarding the various functions related to the task of removing asbestos, injured himself while swinging a large sledgehammer while on a ladder inside the second floor of the Kenova residence.

Chapman claims he was attempting to remove asbestos-contaminated wall paneling when the sledgehammer went through the wall, came out on the other side and struck him in his right knee and hip, causing him to sustain a lateral meniscus tear in his right knee.

After striking his knee with the sledgehammer, Chapman fell off of the ladder he had been standing on and injured his back, according to the suit.

Chapman claims he was subsequently assigned less intensive work throughout the remainder of the project and, despite being in immense pain, continued his work for that day and the next day, but was then terminated from his employment because of the injuries.

After suffering through the pain in his lower back, right knee and right hip throughout the Thanksgiving holiday, Chapman went to the hospital on Nov. 29, 2010, where he was diagnosed with the lateral meniscus tear in his knee, according to the suit.

Chapman claims the defendant was negligent in failing to provide him and other employees with safety gear and for not providing the proper training he needed for the project.

The defendant’s actions caused Chapman to sustain physical pain and suffering; mental anguish; and medical expenses, according to the suit.

Chapman is seeking compensatory damages with pre- and post-judgment interest. He is being represented by David M. Adkins.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 12-C-771