BECKLEY – A woman is suing the Sherwin-Williams Company after she claims she was injured while working.
An unknown, unnamed woman who has a business relationship with Sherwin-Williams, was also named as a defendant in the suit.
On May 1, 2015, Mercedes Newkirk, while in the course and scope of her employment as a sales associate at the Sherwin-Williams in Beckley, according to a complaint originally filed in Raleigh Circuit Court and removed to federal court on June 5.
Newkirk claims she was called to the storage room and was attempting to help clean up spilled paint when she bent down to pick up a towel or towels from the floor. She claims when she raised back up, she hit her head on the forks of the forklift, that were left suspended in the air, causing her severe and permanent injuries, including a closed head injury.
The defendants were negligent and caused her injuries, according to the suit.
Newkirk claims the specific unsafe working conditions were violations state or federal safety statures, rules or regulations.
Newkirk is seeking compensatory and punitive damages. She is being represented by Brian L. Ooten of Shaffer & Shaffer.
Sherwin-Williams is represented by Eric E. Kinder and Keith D. Fisher of Spilman Thomas & Battle.
U.S. District Court for the Southern District of West Virginia case number: 5:17-cv-03165