Plaintiff never served Wheeling popsicle factory with personal injury complaint

WHEELING – A plaintiff claiming he slipped on a popsicle at a popsicle factory did not serve the defendant with his complaint within 120 days.

Ohio County Circuit Court Judge Martin Gaughan filed a notice of failure to make service on Oct. 2, dismissing Tyrone R. Henderson’s lawsuit against the Ziegenfelder Company. Nothing was filed in the case other than the complaint and notice.

Gaughan gave Henderson 10 days to show why the case should not be dismissed, but the docket shows no filing.

Henderson, of Wheeling, claimed he suffered severe injuries after slipping on an unsafe surface at the popsicle manufacturing facility.

Henderson’s lawsuit was filed on May 1 in the Circuit Court of Ohio County, citing negligence.

Henderson said he was a temporary worker at the defendant’s Wheeling facility when he slipped and fell on a mixture of oil, water and melted popsicle mix on May 1, 2011.

He claimed he lost consciousness and suffered multiple injuries as a result of the fall. He claimed the defendant failed to maintain the premises in a reasonably safe condition, according to the brief.

The plaintiff was seeking an undetermined amount of damages. He was represented by Wheeling attorneys Quan S. Le and Don A. Yannerella.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.