BECKLEY -- A Beckley man is suing a pest control services company, its managing company and an employee, alleging improper disposal of a dangerous chemical substance.
John E. Tolley filed a lawsuit Aug. 11 in Raleigh Circuit Court against Orkin, Rollins Inc. and Jeremy S. Lively, alleging negligence, negligent entrustment and violation of the West Virginia Waste Management Act.
According to the complaint, on Aug. 29, 2014, Tolley was operating a garage truck in conjunction with his employment with Beckley Garbage Disposal when he arrived at Orkin's property in Beaver to collect trash contained within its dumpster. As Tolley was in the process of compacting the garbage, a brown, thick liquid sprayed onto various parts of his body--burning his skin everywhere it landed and even melting his left shoe and sock, the suit says.
The substance turned out to be a chemical product manufactured by American Building Restoration Products Inc. called Fast Finish Remover, which defendants Orkin and Rollins had given to its employee Lively, the complaint says.
The suit states the defendants failed to dispose the substance in a reasonable and safe manner, creating the hazardous condition. The defendants are alleged to have known that placing the ABR Fast Finish Remover in the dumpster would cause harm as Beckley Garbage Disposal employees routinely emptied and compacted the contents of the dumpster.
The plaintiff alleges he has and will continue to endure pain, physical limitations, permanent disfigurement, medical expenses and lost wages.
Tolley seeks compensatory damages, punitive damages, attorney fees, court costs and other relief deemed appropriate by the court. He is represented by attorneys Brian E. Bigelow and Jennifer Dempsey Meeteer of Farmer, Cline & Campbell in Beckley.
Raleigh Circuit Court case number 15-C-757.
