WEST VIRGINIA RECORD

CHARLESTON - A man who was injured from a fallen bathtub is suing Lowe's Home Centers Inc. for his injuries.

Thomas Milam, an employee of Lowe's, was also named as a defendant in the suit.

On Jan. 12, James R. Hash and his son went to Lowe's in order to purchase a bathtub and Milam was on duty at the time of the incident, according to a complaint filed June 27 in Kanawha Circuit Court.

Hash claims Milam attempted to retrieve the large bathtub from the top of a storage rack and located immediately above the customer aisle.

The bathtub was located at the top of a retail display storage rack in the Lowe's store and in an aisle open to customers, according to the suit.

Hash claims Milam personally undertook to remove the large bathtub from the elevated retail storage rack without any assistance and immediately before attempting to retrieve the large bathtub, Milam requested Hash to find another Lowe's employee specifically designated by Milam to assist in the retrieval of the large bathtub from the upper display rack.

Milam looked for the other employee and requested assistance, but the other employee refused to assist in the safe retrieval of the large bathtub and Hash informed Milam of the employee's refusal to assist, according to the suit.

Hash claims with full knowledge of the employee's refusal to assist in the safe removal of the large bathtub, Milam unexpectedly grabbed the bathtub while standing on a ladder above Hash and his son.

Milam then began to remove the large bathtub from the top rack himself without assistance and during this process, Milam "yelled below to the Plaintiff for him to spot the bathtub at approximately the same time the bathtub was pulled off the upper rack, falling below and onto the Plaintiff and his son," according to the suit.

Hash claims the large bathtub fell on him and his son, causing substantial personal injury.

As a result of the large bathtub striking Hash, he sustained severe injury to his shoulder, requiring comprehensive shoulder reconstructive surgery; has been completely unable to work at his place of employment; has incurred significant medical expenses and loss of wages; has been rendered partially disabled; sustained inconvenience, aggravation, annoyance, pain and suffering; and is undergoing painful physical rehabilitation for an extended period of time, according to the suit.

Hash is seeking compensatory and punitive damages. He is being represented by John W. Alderman III of the Law Offices of John W. Alderman III.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 13-C-1208