Clintonville couple sues Lowe's for box-to-the-back injury

By Kyla Asbury | Jan 11, 2013

BECKLEY – A Clintonville man and his wife are suing Lowe’s Home Centers, Inc., after he suffered injuries while working in the receiving department.

On Jan. 3, 2011, Michael Hambrick was ordered to leave the plumbing department and work in a completely separate receiving department under the direct supervision of Receiving Manager Ernie Booth, according to a complaint filed Dec. 27 in the U.S. District Court for the Southern District of West Virginia.

Hambrick claims while he and co-workers were moving boxes, Booth ordered him and his co-workers to perform unsafe work by removing loose boxes and products from a trailer bed while in the zone of danger of a forklift.

Booth was moving the forklift over a ramp when the forklift’s movement caused a large attic stair box weighing approximately 300 pounds to become dislodged and fall onto Hambrick’s back, according to the suit.

Hambrick claims the defendant failed to comply with state and federal safety statutes and regulations and commonly accepted industry practices.

The defendant’s actions caused Hambrick to suffer extreme physical pain and suffering; extreme mental anguish and suffering; permanent physical impairment; loss of wages and benefits; loss of future earning capacity and benefits; loss of capacity to enjoy life; medical expenses; annoyance and inconvenience; and severe and permanent scarring and disfigurement, according to the suit.

Hambrick claims the defendant violated West Virginia code by intentionally requiring him to work in illegal and unsafe conditions.

Lowe’s also caused Hambrick’s wife, Cheryl Hambrick, to be deprived of the society, companionship and consortium of her husband, according to the suit.

The Hambricks are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Brett J. Preston, C. Benjamin Salango, Dan R. Snuffer and J. Kristopher Cormany.

U.S. District Court for the Southern District of West Virginia case number: 5:12-9767

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