WEST VIRGINIA RECORD

CHARLESTON - A man, his wife and New Mark Inc. are suing Rish Equipment Company for injuries he allegedly sustained while on its property.

At approximately 6:55 a.m. on March 19, Donald E. Marcum arrived at Rish's St. Albans store to pick up a Komatsu 830E wheel motor group in order to transport it to Patriot Coal's Hobert 21 Mine complex, according to a complaint filed Oct. 8 in Kanawha Circuit Court.

Marcum claims when he arrived at the facility, the door was locked, so he decided to gain entry by going to a side door that he was aware of by walking down the sidewalk.

At the time Marcum was walking down the sidewalk, it was still dark outside and the light on the outside of the building was not working, according to the suit.

Marcum claims he tripped and fell over an unmarked, black-in-color parking curb that had been pushed into the sidewalk.

When Marcum fell over the parking curb, he attempted to break his fall by extending his left arm forward, but was unsuccessful an d proceeded to injure his left shoulder and arm, according to the suit.

Marcum claims the defendants knew that the sidewalk lights were not working and posed a substantial danger to him.

As a result of tripping and falling over the defendants' displaced and unmarked parking curb, Marcum sustained a serious injury to his left arm and shoulder that has required extensive medical treatment, surgery and physical therapy, according to the suit.

Marcum claims he is the only truck driver for New Mark Inc., which was not able to engage in its business of providing support services for coal mining operations and suffered serious financial loss due to Marcum's injury.

Because of his injuries, Marcum is not currently able to provide the help and assistance that he had previously to his wife, Claudine Marcum, around the house, which has interfered with their social activities and enjoyment of life, according to the suit.

Donald Marcum, Claudine Marcum and New Mark are seeking compensatory damages. They are being represented by Michael O. Callaghan and Joshua R. Martin of Neely and Callaghan.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 13-C-1893