BECKLEY – A Scarbro timber cutter alleges he was injured while working because of his employer's negligence.
Denny Calvert filed a complaint Jan. 30 in Raleigh Circuit Court against BTM Logging alleging negligence, unsafe workplace and other counts.
According to the complaint, the plaintiff was employed by the defendant as a timber cutter on Feb. 1, 2016, at a site near Ghent. The plaintiff alleges he was instructed to cut down a "danger tree" that was on the side of a steep mountain slope. He alleges the tree kicked back and struck him, throwing him down the hill and he was pinned under the tree.
He alleges he was severely injured and filed an employee's report of occupational injury and proof of employment with the state's Office of the Insurance Commissioner. The suit states the plaintiff later discovered that the defendant was not carrying workers' compensation coverage as required by law.
The plaintiff requests a trial by jury and seeks compensatory damages, punitive damages, court costs, interest and any further relief the court grants.
He is represented by D. Blake Carter Jr., J. Ryan Stewart and Taylor M. Norman of Bailey Javins & Carter LLC in Charleston and Stephen P. New and Amanda J. Taylor of The Law Office of Stephen P. New in Beckley. The case has been assigned to Circuit Judge Andrew Dimlich.
Raleigh Circuit Court case number 18-C-65-D