WEST VIRGINIA RECORD

CHARLESTON - A brother and sister are suing Vision Telecommunications Inc. after they claim it is responsible for their brother's wrongful death.

Primatech Consulting LLC, Friendship Cable of Texas and Justin Mobley were also named as defendants in the suit.

On Oct. 14, 2011, Mobley was acting as an employee of Vision and Toney Lee Swiger, prior to March 2011, was employed by Vision for the purpose of installing cable between utility poles, according to a complaint filed Oct. 10 in Kanawha Circuit Court.

Eddie Lawson and Linda Martin claims Swiger was an alcoholic and was previously disciplined as a Vision employee in Ohio for drinking on the job.

Swiger was previously involved in a vehicular accident while driving a vehicle owned by Vision and as a result of the accident, was charged with a DUI, according to the suit, and, after being charged with the DUI while driving a Vision vehicle, Vision terminated Swiger's employment.

Lawson and Martin claim Vision agreed to put Swiger back to work if he could be placed on Primatech's payroll and told Primatech that Swiger would be working in the same capacity as he previously had been.

On Oct. 14, 2011, Swiger and Mobley were assigned to work together and were assigned to work in the Davis Creek area, according to the suit.

The plaintiffs claim Mobley had previously been discharged by a prior employer for having illegal substances in his system and/or failing to comply with the rules and regulations of his employment.

The plaintiffs claim Swiger and Mobley were not properly trained by Vision to be performing the work they were performing.

Mobley was going to and/or did drive the truck while Swiger was up in the air in the boom basket and Mobley and Swiger caused Swiger to make contact with power lines while Swiger was in the basket, causing him to be electrocuted, according to the suit.

The plaintiffs claim after Swiger's death, Mobley allegedly left the scene of the accident to hide a bottle of alcohol.

The defendants put Swiger back to work, knowing the foreseeable risk of harm to himself and/or others, according to the suit.

The plaintiffs claim as a direct and proximate result of the defendants' breach of duties, Swiger was damaged and it was Primatech's actions and/or failure to act that was the proximate cause of Swiger's death.

The defendants wrongfully caused Swiger's death, according to the suit.

The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Kevin W. Hughart of Hughart Law Office.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-1916