Kanawha County Commission lawsuit regarding work injuries dismissed

CHARLESTON - A lawsuit involving the Kanawha County Commission and the Kanawha County Solid Waste Authority was dismissed after the plaintiff failed to appear at a hearing.

On Jan. 30, a hearing was scheduled for Kanawha County Solid Waste Authority's Motion for Summary Judgment and the court noted that the defendant had prepared a notice setting the hearing date, which was served to Keith Haynes at the address he had provided, according to an order granting summary judgment and dismissing case filed Jan. 31 in Kanawha Circuit Court.

At the time of the hearing, the Deputy Sheriff called Haynes' name three times in the hall, but Haynes was not present, nor did he appear for the hearing, according to court documents.

Haynes also did not submit any briefs or memoranda in response to Kanawha County Solid Waste Authority's motion for summary judgment.

Kanawha County Solid Waste Authority is entitled to immunity from the civil action by applying statutory and common law to the undisputed facts of the case, the order granting summary Judgment and dismissing case states.

Haynes' complaint was filed Feb. 8, 2011, in which he claimed on Nov. 30, 2009, while he was working inside Kanawha County Solid Waste Authority's facility, he was injured by a stack of cardboard boxes that fell on top of him.

Haynes claimed the cardboard boxes were stacked in violation of the Occupational Safety and Health Act and West Virginia Code.

As a result of the cardboard boxes, Haynes suffered medical injuries, which he claimed were because of the defendants' failure to maintain a safe work environment.

Haynes was seeking compensatory and punitive damages with pre- and post-judgment interest. He was being represented by Toby J. Buel Jr.

Kanawha County Solid Waste Authority was represented by Brian D. Morrison of Bailey & Wyant PLLC.

The case was assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 11-C-276