CHARLESTON — A truck driver and his wife are suing Enviro-Tank Clean Inc., a waste treatment facility, citing alleged premises liability, violation of statute and deliberate intent.
Kevin and Kimberly McClain filed a complaint on May 3 in the Kanawha Circuit Court against Enviro-Tank Clean Inc. alleging that the waste treatment facility failed to carefully conduct its operations, resulting in an explosion and accident.
According to the complaint, the plaintiffs allege that on June 24, 2014, Kevin McClain went to the defendant's facility to dispose of flammable liquid. He hooked a hose connecting a vacuum truck to an acid tank to pump out flammable liquid, then attempted to turn off the pump in the driver's side of the vacuum truck, but an explosion happened, the suit says. He suffered first-, second- and third-degree burns, nerve damage and disfigurement, the suit alleges. Kimberly Mcclain sustained loss of consortium because of the incident, the suit says. The plaintiffs hold Enviro-Tank Clean Inc. responsible because the defendant allegedly failed to observe a prudent procedure of disposing of flammable liquid and also failed to provide a guaranteed safe environment for everyone on the facility. The defendant allegedly failed to comply with Occupational and Safety Health Administration requirements and other laws.
The plaintiffs request a trial by jury and seek past and future lost wages; past and future medical expenses; incidental expenses; pre- and post-judgment interest; attorney fees and costs; punitive damages; and for such other relief as the court deems just. They are represented by Michael J. Del Giudice of Ciccarello, Del Giudice & LaFon in Charleston.
Kanawha Circuit Court Case number 16-c-653