Railroad worker says logging firm negligent in hiring

By Robert Hadley | Nov 23, 2015

MARLINTON – A Randolph County man says he suffered injuries when a truck full of logs collided with the train on which he was a passenger.

Mark A. Phillips filed against July 23 in Pocahontas Circuit Court against Christina Kimble, executrix of the estate of Danny L. Kimble; H&H Fisher’s Logging and its owners, Herbert C. and Harry H. Fisher; Northwest Hardwoods; National Casualty Co.; West Virginia United Health System; West Virginia University Hospitals Inc.; West Virginia United Medical Corp.; and Penn-America Insurance Co., citing negligence, negligent hiring, supervision, retention and negligent entrustment.

Phillips says he was injured on Oct. 11, 2013, when the truck Danny Kimble was driving for H&H Fisher’s Logging had a brake failure and was unable to stop at a railroad crossing on Route 250 at Cheat Bridge in Randolph County. Phillips was an employee on a train operated by Durbin & Greenbrier Valley Railroad Inc. and Kimble's truck struck the train, the complaint states.

According to the complaint, the truck was overloaded and Kimble lacked proper training. Phillips claims the severity of his injuries may permanently keep him from working and require large sums for current and future medical bills.

Phillips seeks a jury trial punitive and compensatory damages, plus litigation costs. He is being represented by Charleston attorney Marvin W. Masters of The Masters Law Firm. The case has been assigned to Circuit Judge James J. Rowe.

Pocahontas Circuit Court case number 15-C-25

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