Lawsuit against Dept. of Transportation dismissed

By Kyla Asbury | Sep 19, 2013


CHARLESTON - A lawsuit against West Virginia Department of Transportation-Division of Highways has been dismissed.

Brayman Construction Corporation was also named as a defendant in the suit.

The plaintiff and the defendants jointly moved to dismiss all claims with prejudice, according to a Voluntary Order of Dismissal of Defendants filed March 15 in Kanawha Circuit Court.

The court, finding no objection, ordered the action to be dismissed with prejudice and with all parties to bear their own costs and attorneys fees, according to the order.

On Nov. 16, 2007, Brayman contract with WVDOH to build and complete a project in Cabell County and on June 22, 2009, Joshua Roy Blair was working on the project as a carpenter apprentice employee of Brayman, according to a complaint filed June 21, 2011, in Kanawha Circuit Court.

Blair claimed he was working on the last section of parapet wall in the project and was hurt when a 20-foot section of rebar cage collapsed.

The 20-foot section of rebar that was tied to the wall section was not properly secured and when Blair climbed the rebar cage to install some shims behind the rebar to gain proper form work clearance, his weight pulled the rebar cage onto him and crushed his left leg, according to the suit.

Blair claimed he was transported to St. Mary's Medical Center with a crush injury to his left thigh and he had a large contusion at the lateral tibial plateau, a longitudinal fracture at the later aspect of the lateral tibial plateau and a high-grade partial tear of the lateral collateral ligament complex.

The WVDOH owed a duty to Blair to properly secure structures that workers would climb onto; to ascertain whether structures are properly secured before ordering workers to climb onto them; and to provide adequate and proper fall protection, according to the suit.

Blair was seeking compensatory and punitive damages with pre- and post-judgment interest. He was being represented by Frank Venezia and Brian L. Ooten of Shaffer & Shaffer PLLC.

Brayman was represented by Wendy E. Greve and Katie L. Hicklin of Pullin, Fowler, Flanagan, Brown & Poe PLLC. WVDOH was represented by Michael J. Folio of the WVDOH Legal division.

The case was assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 11-C-1017

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