CLARKSBURG – A man is suing Wolverine World Wide and Caterpillar Inc. after he claims the steel-toe boots he purchased were defective and did not contain steel toes.
On July 23, 2015, Brandon Jenkins was performing work within the scope of his employment with Cleveland Brothers that involved the handling of a heavy piece of metal, according to a complaint filed April 5 in Harrison Circuit Court and removed to federal court on May 8.
Jenkins claims during the process, the metal slipped out of the sling which was being used to assist in its placement and landed across the front toe area of his boot.
During the week prior to the injury, Jenkins had ordered Caterpillar brand steel-toe work boots through his employer and began wearing the boots shortly before the incident, according to the suit.
Jenkins claims after the incident, it was discovered that even though the box and tongue of the boots contained labels declaring that they were steel-toe boots, as required by his employment, the boots did not have steel toes.
As a direct and proximate result of the lack of steel toes, Jenkins received a crushing injury to the front part of his foot and several metatarsals near the toes were fractured, according to the suit. He also now suffers from nerve damage caused by the crushing injury.
Jenkins claims the defendants designed, manufactured, marketed, sold and distributed the CAT steel-toe work boots that were sold to him and the defendants placed them into the stream of commerce.
The defendants failed to warn that the steel-toe work boots would not function as advertised, according to the suit.
Jenkins is seeking compensatory damages. He is being represented by Timothy J. Manchin and Clarissa M. Banks of Manchin Injury Law Group.
The defendants are represented by Michael Bonasso of Flaherty Sensabaugh Bonasso.
U.S. District Court for the Northern District of West Virginia case number: 1:17-cv-00073