West Virginia Record

Tuesday, April 7, 2020

Carpenter claims he was injured in forklift accident

By Philip Gonzales | Oct 21, 2016

General court 05

MOOREFIELD – A carpenter alleges he was injured while working for his Fisher employer.

Robert A. Smith filed a complaint on Sept. 23 in Hardy Circuit Court against M & M Transportation LLC alleging that the employer failed to provide a safe place to work.

According to the complaint, the plaintiff alleges that on Oct. 16, 2014, he was severely injured during the course of his employment with defendant when suddenly and without warning defendant's forklift tipped over and caused him to be thrown from it and be struck by a falling truss. The plaintiff holds M & M Transportation LLC responsible because the defendant allegedly failed to properly train and supervise its employees, failed to inspect the work environment to discover any dangerous condition and failed to use proper equipment.

The plaintiff requests a trial by jury and seeks judgment against defendant in an amount sufficient to compensate him for the damages he sustained. He is represented by Bruce A. Kirkwood of Kirkwood & Rogers PA in Cumberland, Maryland. The case has been assigned to Circuit Judge Charles Carl III.

Hardy Circuit Court Case number 16-c-42

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Hardy Circuit Court