MOUNDSVILLE – Contractors are seeking damages over allegations that they were injured when a boiler exploded at a New Martinsville plant.
Gary P. Shaver, Dustin Rice, Michael Tolpa, et al. filed a complaint in Marshall Circuit Court against Eagle Natrium LLC alleging unsafe workplace, negligence and other counts.
According to the complaint, the defendant owns and operates a chlor-alkali and derivatives plant in New Martinsville. The plaintiffs allege that on Dec. 15, 2015, they were working at defendant's plant as contractors where they were required to work near and around boiler No. 5 when it suddenly exploded. They allege they were exposed to heat, steam, coal dust and toxic substances and suffered acute chemical inhalation.
The plaintiffs holds Eagle Natrium LLC responsible because the defendant allegedly failed to maintain boiler No. 5 in a reasonably safe condition, failed to properly implement and enforce a respirator program and failed to properly mark and identify the exits.
The plaintiffs request a trial by jury and seek compensatory and punitive damages, plus interest, costs and attorneys' fees and all further relief as the court may deem just and proper. They are represented by Robert P. Fitzsimmons and Clayton J. Fitzsimmons of Fitzsimmons Law Firm PLLC in Wheeling. The case has been assigned to Circuit Judge David W. Hummel Jr.
Marshall Circuit Court case number 17-C-243