HUNTINGTON - A widow is suing Dixon Electrical Systems & Contracting Inc. after she claims it caused the death of her husband.
On March 31, 2011, Forrest B. Finley, who was employed by Dixon as a licensed journeyman wireman, was assigned by Dixon to the A.K. Steel coke plant in Ashland, Ky., where Dixon was a subcontractor performing various electrical work under contract with A.K. Steel, according to a complaint filed April 1 in Cabell Circuit Court.
Brenda Finley claims Dixon was required to perform its assigned work in a manner consistent with state and federal safety statutes, rules and regulations consistent with commonly accepted and well-known industry safety standards.
Dixon, through its superintendent Kevin W. Mullins, informed Forrest Finley's foreman, Joe Gensler, that A.K. Steel had requested that a hi-pot test be done on Cottrell #3 at the coke plant, with the knowledge at the time that the foreman had no prior experience in and was not familiar with the procedures required to perform a hi-pot test, according to the suit.
Brenda Finley claims because the defendant had prior actual knowledge of the specific OSHA violations occurring at the A.K. Steel coke plant, it therefore had a subjective realization of the existence of and appreciation to the risks presented by the unsafe working conditions and thereby knowingly and intentionally exposed Forrest Finley to deadly working conditions.
As a result of Dixon's conduct, Forrest Finley was severely burned and killed and Brenda Finley was deprived of her husband's society, companionship, comfort and guidance, according to the suit.
Brenda Finley is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Frank M. Armada.
The case has been assigned to Circuit Judge F. Jane Hustead.
Cabell Circuit Court case number: 13-C-210