Welder says piece of steel caused broken leg

By Whitney Brakken | Nov 4, 2013

MARTINSBURG - A Shepherdstown resident is suing after a workplace accident allegedly caused serious injury.

Ritchie Moore filed a lawsuit on Oct. 24 in U.S. District Court Northern District of West Virginia at Martinsburg against Smithahn Co. Inc., Essroc Cement Corp. and Italcementi Holdings Corp., citing deliberate intent and unsafe workplace.

Moore says he was employed by Smithahn as a welder and the defendants Essroc and Italcementi were responsible for supervision of the worksite and had a duty to provide a safe workplace.

On Oct. 22, 2012, the plaintiff's co-worker was operating a Cat telehandler the defendants knew was in a dangerous state of disrepair, according to the complaint.

Moore states that while his co-worker was operating the telehandler, a piece of steel fell onto Moore, causing a tibia fracture and other injuries.

Moore is seeking an undisclosed amount in damages. He is being represented in the case by Charleston attorneys Dan R. Snuffer, Brett J. Preston and C. Benjamin Salango of Preston & Salango PLLC and Tim Carrico of Carrico Law Offices PLLC.

United States District Court Northern District of West Virginia at Martinsburg Civil Action No. 3:13-cv-151.

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