Water hose caused on-the-job injury, suit claims

CHARLESTON - A Chapmanville man is suing Speed Mining LLC for injuries he allegedly sustained on the job.

Lightning Contract Services Inc. and Thunder Contract Services Inc. were also named as defendants in the suit.

On Aug. 11, Tyler J. Jarrell was assigned to work without a black hat miner or supervisor to spray off the belt structure with a water hose, according to a complaint filed May 31 in Kanawha Circuit Court.

Jarrell claims the water hose got caught behind him in the belt, causing the hose to be pulled into the belt conveyor and thereby pulling Jarrell's right arm into the belt roller and the belt.

Neither an experienced miner nor a supervisor accompanied Jarrell in performing the task, as required by mine safety regulations, and Jarrell was not task-trained for the work assigned to him, according to the suit.

Jarrell claims as a direct and proximate result of the defendants' actions and conduct, he sustained severe and permanent injuries and permanent loss of earning capacity and damages.

The serious and permanent injuries resulted from the defendants' conduct include a crush injury of the right forearm/upper arm and a traumatic burn; nerve injury of the right upper limb; lumbar facet syndrome; and significant loss of function and scarring as well as numbness, stiffness, pain and weakness in the right forearm; and numbness of the right hand and limitation of movement in the right wrist, according to the suit.

Jarrell is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Guy R. Bucci and Mark A. Barney of Bucci, Bailey & Javins LC.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 13-C-1051