Contractor sued over employee's claim he fell from ladder

CHARLESTON - A Dunbar man is suing Prentice General Contracting for injuries he allegedly sustained while working.

On July 3, Keith Smith was engaged in the construction/installation of a metal roof on a two-story residential site in Kanawha County, according to a complaint filed Sept. 10 in Kanawha Circuit Court.

Smith claims he was working on the second story of the residence and, despite working at a height in excess of six feet, he and his co-workers were not provided any means of fall protection and no fall protection was available for use on the job site.

The residence Smith was working on had two sets of roofs; a first floor roof over a ground-level porch and a second floor roof covering the entirely of the home, according to the suit.

Smith claims he was required to ascend a ladder from ground-level to the first floor roof, then ascend another ladder that was perched on the first floor roof to access the second story.

While Smith was climbing the ladder, his co-worker, Michael Haverland, was charged with holding the 12-foot ladder and, unknown to Smith, Haverland walked away with Smith was descending the ladder, according to the suit.

Smith claims at that point, the ladder kicked out and he fell approximately 16 feet to the concrete below and, as a result of the fall, sustained severe permanent injuries, including comminuted fractures to both ankles/feet/heels and has undergone several surgeries to repair the fractures.

Smith is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Jonathan R. Mani and Bernard E. Layne of Mani, Ellis & Layne PLLC.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 13-C-1720