West Virginia Record

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Conveyor belt accident prompts lawsuit over alleged OSHA violations

By Robert Hadley | Mar 17, 2016

PRINCETON – The wife and conservator of a man injured at work claims his employer intentionally caused his injuries by deliberately allowing him to work in unsafe conditions.

Shirley Cline, individually, and Penny Pennington, as conservator of Larry David Cline, filed a lawsuit March 7 in Mercer Circuit Court against his employer, Lusk Disposal Service Inc., alleging negligence and deliberate intent.

According to the complaint, Larry David Cline was working for Lusk Disposal Service, loading cardboard on a conveyor belt when he was injured Oct. 29, 2014. The suit says he was working alone at the time, and his arm became entangled in the beltline for a significant period of time before another employee discovered him and activated the emergency stop. The plaintiffs claim a safety guard on the conveyor belt had been removed by Lusk, in violation of Occupational Safety and Health Administration rules. Cline suffered brain and spinal cord injuries as a result of the accident, the suit says.

Cline and Pennington seek a jury trial and compensatory damages. They are represented by attorney William Flanigan of Sanders Austin & Flanigan in Princeton. Judge William J. Sadler is assigned to the case.

Mercer Circuit Court Case number 16-C-76-WS

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Mercer Circuit Court Sanders, Austin, Flanigan and Flanigan

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