Company sued over fall off ladder

MARTINSBURG – A Morgan County man is blaming his employer for a fall off a ladder.

James Michael Burks filed a lawsuit April 30 in Berkeley County Circuit Court against Timber Ridge Heating and Air Conditioning and Michael Ambrose, alleging the company is at fault for an accident that left him in the hospital for 11 days.

The alleged accident occurred on May 12, 2011.

“Timber Ridge and Ambrose failed to provide a reasonably safe workplace for Burks by failing to utilize the proper ladder and/or safety equipment at the workplace to ensure Burks’ safety,” the complaint says.

Burks says he was working with Ambrose at a single-family residence in Inwood when the fall happened. Ambrose was working in the attic, and Burks was climbing and descending the ladder to transfer parts to him, the complaint says.

While descending the ladder to unhook the heat pump and air conditioning unit that was being replaced, Burks says he fell eight feet, sustaining major injuries.

According to the complaint, Burks was hospitalized for 11 days and spent seven days in the Intensive Care Unit.

Burks also alleges the defendants failed to properly train, instruct and/or supervise Burks for use of the ladder. He is being represented by Berkeley Springs attorneys Richard G. Gay and Nathan P. Cochran.

In addition to compensatory damages, Burks seeks punitive damages. The case has been assigned to Judge Gray Silver III.

Berkeley Circuit Court case number 13-c-333.