Eules Barker was employed at CONSOL’s Twin Branch surface mine in Mingo County and on July 8, 2014, he attempted to climb up a ladder mounted on one of the rock trucks, according to a complaint filed in the U.S. District Court for the Southern District of West Virginia.
Barker and his wife, Michelle Barker, claim the ladder was unsafe and defective, which caused Eules Barker to sustain injuries.
As a direct and proximate result of the defective and unsafe ladder, Eules Barker lost his grip on the right side of the ladder, slipped and was hung from the ladder by his left arm, according to the suit.
The Barkers claim the acts and omissions of the defendants created unsafe working conditions that presented a high degree of risk and a strong probability of serious injury or death.
The defendant had actual knowledge of the existence of the unsafe working conditions and of the high degree of risk and strong probability of serious injury or death presented by the specific unsafe working conditions, according to the suit.
The Barkers claim Eules Barker sustained serious injuries to his arm and it is possible that he will have to undergo left arm amputation in the near future.
Michelle Barker suffered a loss of consortium, according to the suit.
The Barkers are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Brian L. Ooten, Frank Venezia and Benjamin M. Mishoe of Shaffer & Shaffer PLLC.
U.S. District Court for the Southern District of West Virginia case number: 2:16-cv-02600