Couple sue Surface Foods Company for work injuries

By Kyla Asbury | Aug 1, 2013

HUNTINGTON - A man and his wife are suing RBK Enterprises Inc. for injuries that he allegedly sustained while on the job.

RBK Enterprises Inc. is doing business as Surface Foods Company.

On Jan. 8, Larry Arbaugh was loading a tractor-trailer owned by the defendant when his pallet jack caught on part of the floor that was loose, and it caused him to be thrown out of the trailer and onto the concrete floor of the loading dock area, according to a complaint filed July 18 in Cabell Circuit Court.

Arbaugh claims the defendant owed a duty of care in regard to its maintenance of the tractor-trailer.

The defendant's conduct was malicious, intentional and was with criminal indifference to the defendant's civil obligations and rights to Arbaugh, according to the suit.

Arbaugh claims as a proximate cause of the defendant's negligence, he sustained severe and permanent injuries; severe and permanent injuries which caused him to miss work; severe and permanent emotional distress; pain and suffering; and medical treatment and bills.

Also as a proximate result of the defendant's negligence, Connie Arbaugh was caused to suffer a loss of consortium from her husband.

The Arbaughs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by C. Joseph Stevens and W. Jack Stevens II of the Law Firm of C. Joseph Stevens PLLC.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 13-C-498

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