Couple sue Qualawash Holdings, allege injuries from sulfuric acid

CHARLESTON - A couple are suing Qualawash Holdings LLC for injuries sustained from sulfuric acid.

Ron Baker was also named as a defendant in the suit.

On Oct. 12, Kenneth W. Myers was a laborer employed by and working under the supervision, control and direction of Veolia Industrial Services Inc., according to a complaint filed May 22 in Kanawha Circuit Court.

Myers claims he was performing industrial cleaning on Qualawash's facility in Institute when he stepped into a sluice filled with a toxic sludge containing sulfuric acid and was injured.

After stepping into the sluice, Myers immediately felt intense pain and attempted to wash the sludge off of his leg and ankle, to no avail, according to the suit.

Myers claims shortly thereafter, a representative of Qualawash reported to the scene of the incident and Myers asked the representative to provide a MSDS sheet for the contents of the sluice. The representative was allegedly unable to obtain the safety sheet for more than one hour and it was later confirmed the sluice contained sulfuric acid.

As a result of the sulfuric acid in the sluice, Myers says he suffered serious injuries, including chemical burns necessitating painful skin graft surgical procedures. Myers had to miss work and his relationship with his wife, Lisa Myers, was strained, according to the suit.

Kenneth Myers claims Qualawash was aware of the existence of the dangerous condition, but did nothing to remedy the situation.

As a result, Kenneth Myers suffered extreme 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; loss of consortium; medical expenses; annoyance and inconvenience; and scarring and disfigurement, according to the suit.

The plaintiffs are seeking compensatory and punitive damages. They are being represented by Jonathan R. Mani and Damon L. Ellis of Mani, Ellis & Layne PLLC.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-1009