HUNTINGTON – A Hurricane man injured in an industrial accident at a Culloden warehouse facility alleges that his employer's failure to equip a machine with safeguards caused his injuries.
Chandler Dwight Lee Wilkinson filed a complaint Sept. 7 in Cabell Circuit Court against Service Wire Co. alleging deliberate exposure.
According to the complaint, the plaintiff was guiding copper wire through a cable machine on Sept. 17, 2015, when his right arm was caught by the machines rotating axle. He alleges that he sustained multiple fractures to his right arm with 100 percent displacement and mild shortening. The suit states that on Nov. 19, 2105, the Occupational Safety and Health Administration issued citations against the defendant.
The plaintiff holds Service Wire Co. responsible because the defendant allegedly failed to provide hand tools to the machines operators and failed to position the machine's barrier guard and safety mat in a place that would avoid contact with the machine.
The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount determined by a jury plus all legal fees and pre- and post-judgment interest. He is represented by Timothy C. Bailey and Taylor M. Norman of Bailey Javins & Carter LC in Charleston and Robert Bastress Jr. of West Virginia University College of Law in Morgantown. The case has been assigned to Circuit Judge Paul T. Farrell.
Cabell County Circuit Court case number 17-C-513