HUNTINGTON - A Putnam County man is suing Heiner's Bakery after he claims he was injured twice due to unsafe working conditions.
Bimbo Bakeries USA Inc. is doing business as Heiner's Bakery.
John Edward Nance was employed by Heiner's as a delivery driver, according to a complaint filed June 11 in Cabell Circuit Court.
Nance claims the defendant maintains the facility in an unsafe condition and has implemented procedures that place the delivery drivers and other employees in peril of being seriously injured.
The defendant's warehouse procedures cause the accumulation of containers in a confined and congested space, stacked in multiple layers side-by-side without room for employees to safely maneuver and extending overhead, beyond the reach of employees, according to the suit.
Nance claims the defendant also knew that ladders and other equipment were necessary to safely reach and remove the containers.
Despite knowledge of the unsafe condition and need for equipment, the defendant refused to make any changes or supply necessary equipment and, as a result, Nance was seriously and permanently injured on June 25, 2013, according to the suit.
Nance claims the defendant failed to make any changes after his accident and other employees were also involved in accidents as a result of the unsafe condition.
Nance claims he missed a significant amount of work due to his injuries, and, upon returning to work, was forced to participate in the same unsafe working condition.
On March 23, Nance suffered serious injuries in a second accident caused by the unsafe working condition, according to the suit.
Nance is seeking compensatory damages with pre and post-judgment interest. He is being represented by James R. Fox of Fox Law Office.
The case has been assigned to Circuit Judge F. Jane Hustead.
Cabell Circuit Court case number: 15-C-416