Berry Enterprises is doing business as Tudor’s Biscuit World of Chapmanville.
Tudor’s Biscuit World of America was also named as a defendant in the suit.
On May 29, 2015, Martha Eastham was working at Tudor’s in Chapmanville and was assigned the task of cleaning the wall in the kitchen that was directly behind tables where two deep fryers were placed, according to a complaint filed Feb. 14 in Logan Circuit Court.
Eastham claims the deep fryers were placed and positioned on stainless steel tables with wheels that were not restrained to prevent the fryers from moving or tipping.
In order to clean the wall, Eastham was required to move one of the tables out from the wall and to position her body between the wall and the table, while the deep fryer’s power cord was still plugged into the wall, according to the suit.
Eastham claims when she was moving the table, a deep fryer moved and tipped over, resulting in hot grease pouring onto her body and causing her severe injuries, including second and third degree burns.
The deep fryers at issue were not properly installed, inspected, maintained and/or repaired such that they were secured to the table and immobilized.
The defendants owed a duty to its employees to ensure that they were properly trained to perform the work requested of them; properly warned of potential dangers and hazardous conditions posed by the work and equipment; and provided with personal protective equipment and other equipment that was reasonably safe and fit for its intended use and application, according to the suit.
Eastham claims the defendants breached its duties owned to her and caused her injuries.
Eastham is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Robert D. Cline Jr., Robert A. Campbell and Brian E. Bigelow of Farmer, Cline & Campbell.
Logan Circuit Court case number: 17-C-60