CHARLESTON – A man is suing CONSOL Energy for injuries he suffered while working.

CONSOL of Kentucky was also named as a defendant in the suit.

Prior to Aug. 4, 2015, Jess W. Feltner Jr. became employed as a non-supervisory employee of CONSOL of Kentucky as an equipment operator, hauling rock at the Twin Branch surface mine in Mingo County, according to a complaint filed July 31 in Mingo Circuit Court and removed to federal court on Dec. 27.

Feltner claims on Aug. 4, 2015, during the course of his employment with CONSOL, he was preparing to operate a CAT 789 mining truck owned by CONSOL to haul rock at the surface mine.

While Feltner was climbing the access ladder, the second step of the ladder failed and Feltner began to fall, according to the suit.

Feltner claims his left hand slipped away from the ladder, but he was able to hold onto the access ladder with his right arm to prevent himself from falling off the truck.

As he held onto the access ladder with his right arm during the fall, he felt a pull in his right arm and severe pain shoot down his right hip and leg, suffering severe and permanent injuries.

Feltner claims the unsafe working conditions existed in the workplace and presented a high degree of risk and strong probability of serious injury or death.

The plaintiff had made several complaints over the course of several months to supervisors and management personnel regarding the unsafe working conditions, according to the suit.

Feltner claims the defendants were negligent and caused his injuries.

Feltner is seeking compensatory and punitive damages. He is being represented by Robert B. Warner, Lynnette Simon Marshall and Andrew D. Byrd of Warner Law Offices.

The defendants are represented by Charles F. Johns and Denielle M. Stritch of Steptoe & Johnson.

U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-0461 9

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