Lawsuit filed over alleged 50-foot fall

By Kyla Asbury | Aug 28, 2013


CHARLESTON - A man is suing Express Services Inc. for injuries allegedly sustained while working.

American Electric Power Company Inc.; Appalachian Power Company; and William G. Webb were also named as defendants in the suit.

On Aug. 11, 2011, Michael McKinney was employed by Express to work as a laborer, according to a complaint filed Aug. 9 in Kanawha Circuit Court.

McKinney claims while he was reaching the fourth floor landing, he fell approximately 50 feet to the ground.

AEP was responsible for the health and safety of all workers working within the John Amos Power Place under its supervision and control and was responsible for providing each worker with a safe workplace and adequate training to perform his or her work and move about the plant safely, according to the suit.

McKinney claims Appalachian had a duty to maintain its premises is a reasonably safe condition.

Webb should have known that he was not authorized to train McKinney on the safe and proper use of the belt man-lift, according to the suit.

McKinney claims he relied on the defendants and was injured.

As a direct and proximate result of the defendants' actions, McKinney sustained serious and permanent bodily injury and tremendous pain and suffering; had suffered lost wages and loss of earning capacity; suffered a loss of ability to perform household services and loss of the ability to enjoy life; sustained humiliation, embarrassment, annoyance and inconvenience; and suffered economic and non-economic damages, according to the suit.

McKinney is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Robert B. Warner and Lynnette Simon Marshall of Warner Law Offices.

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

Kanawha Circuit Court case number: 13-C-1515

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