WHEELING – A couple is suing C&J Well Services after they claim it and others are responsible for injuries sustained in a vehicle accident.

Noble Energy Inc.; CONSOL Energy Inc.; and CNX Gas Company were also named as defendants in the suit.

On Feb. 3, 2016, Timothy Lester, an employee of C&J, was operating a 2008 International water truck over and upon CR-26 in Marshall County and was engaged in the transportation and delivery of fluids to the site of one or more of the well pads operated by the defendants, according to a complaint originally filed in Marshall Circuit Court and later removed to federal court.

Lester claims he called out for the road over his CB radio on channel 33 prior to advancing uphill toward the well pads and, unbeknownst to him, two large trucks traveling in the opposite direction ignored his CB transmission and proceeded down the hill.

When confronted with the heavy trucks approaching, Lester moved as far to the right of the roadway as possible, and when he did so, the roadway and shoulder of CR-26 collapsed, causing his tanker truck to roll over the guardrail and down a steep embankment, striking a tree, according to the suit.

Lester claims he sustained multiple traumatic injuries, including an upper chest wall injury with fractures of the right first and second costomanubrial and costochondral junctions, bubasilar atelectasis, grade 2 disection of the distal right vertebral artery, displaced fracture of the right transverse process of C7 and multiple infarctions of the cerebellum and right pons.

The plaintiff’s injuries are permanent and disabling, according to the suit.

Lester and his wife, Robin Lester, are seeking compensatory damages with pre- and post-judgment interest. They are being represented by William L. Frame of Wilson Frame & Metheney.

The defendants are represented by Jonathan L. Anderson of Jackson Kelly; Nathanial A. Kuratomi of Jenkins Fenstermaker; and Charles F. Johns and Denielle M. Stritch of Steptoe & Johnson.

U.S. District Court for the Northern District of West Virginia case number: 5:17-cv-00046

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