MOUNDSVILLE – The estate executor of a construction worker involved in a fatal accident near Moundsville has filed a suit against the decedent's employers and others.

Clay R. Hupp, executor of the estate of Steven Ray Hupp, filed a complaint on July 11 in Marshall Circuit Court against Snelson Cos. Inc. Jeff Fox, Caterpillar Inc., Pipeline Machinery LLC and Pipeline Machinery International LP alleging negligence and other counts.

According to the complaint, on Jan. 10, 2015, decedent Steven Ray Hupp was killed in an accident involving a Caterpiller 7H Pipelayer while working to install a pipeline along the Ohio River near Moundsville. The suit states the decedent was an employee of Snelson. The plaintiff holds the defendants responsible because the defendants allegedly failed to appropriately train its employees on proper means of securing equipment, failed to conduct a job safety analysis and failed to maintain the equipment in a safe operating condition.

The plaintiff requests a trial by jury and seeks judgment against defendants for compensatory and punitive damages, pre- and post-judgment interest, attorneys' fees and all other relief as the court deems just and proper. He is represented by Robert P. Fitzsimmons, Clayton J. Fitzsimmons and Donald M. Kresen of Fitzsimmons Law Firm PLLC in Wheeling and Christopher M. Turak of Gold, Khourey & Turak in Moundsville.

Marshall Circuit Court Case number 16-C-122C

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