Man says warehouse wall fell on him

By Kyla Asbury | Oct 7, 2013


CHARLESTON - A man is suing R.E. Michel Company Inc. for injuries he allegedly sustained from a damaged dividing wall that fell on him.

General Corporation and Pepperidge Farm Inc. were also named as defendants in the suit.

On Sept. 11, 2011, Shawn Mains was working as a sole proprietor of a small trucking company doing business as K&S Trucking, according to a complaint filed Sept. 10 in Kanawha Circuit Court.

Mains claims he was hauling for Pepperidge Farm out of a warehouse in Charleston that was owned, operated and/or controlled by Pepperidge Farm and General.

The warehouse was separated from the neighboring business by a large dividing wall owned, operated and/or controlled by the defendants and R.E. Michel owned and/or operated the neighboring business, according to the suit.

Mains claims the dividing wall sustained damage approximately two years prior to his injury and the previous damage had been reported to the defendants.

The defendants did nothing to repair the damage to the wall and on Sept. 11, 2011, Mains was injured when the wall shifted, causing it to land on him and knock him unconscious, according to the suit.

Mains claims the defendants were negligent and caused him to sustain injuries and damages.

The defendants negligently, carelessly, willfully, wantonly, intentionally and recklessly allowed the dangerous and/or defective condition to be created and thereafter to exist, according to the suit.

Mains is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Stephen P. New and Amanda J. Gardner of the Law Office of Stephen P. New.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-1715

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