CHARLESTON - A North Tazwell, Va., man and his wife are suing Virco Inc. after he says was injured while performing his work duties.
On Sept. 29, Wilmer A. Arias was employed by Virco and was injured when another employee was cutting timber and he was struck by a portion of a falling tree, according to a complaint filed March 29 in Kanawha Circuit Court.
Arias claims the employee was not properly trained, qualified or otherwise capable of safely performing the job for which he was employed and the defendant committed deliberate, specific safety violations which resulted in an unsafe working condition existing in the workplace.
Virco had a subjective realization and an acute appreciation of the existence of the unsafe working condition and the high degree of risk and the strong probability of serious injury or death presented by the unsafe working condition, according to the suit.
Arias claims the defendant's violations of federal and state laws and regulations caused him injuries.
As a result of the defendant's negligence, Arias suffered serious physical injury and trauma to his head, neck, right shoulder, right arm, right side of his torso, chest, ribs and lungs; endured pain, suffering, mental anguish and permanent injury; incurred medical expenses; incurred loss of wages; suffered a diminished capacity to enjoy life; and suffered a diminished capacity to work, according to the suit.
Arias and his wife, Kelly A. Arias, are seeking compensatory and punitive damages. They are being represented by Kevin B. Burgess and Steven R. Broadwater Jr. of Hamilton, Burgess, Young & Pollard PLLC.
The case has been assigned to Circuit Judge James C. Stucky.
Kanawha Circuit Court case number: 13-C-598