West Virginia Record

Saturday, December 7, 2019

Danville couple accuses contractor of unsafe work conditions


By Philip Gonzales | Jun 26, 2018

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WELCH — A Danville couple is suing a McDowell County contractor, alleging unsafe work conditions.

Joseph G. Kirk and Tracie Kirk filed a complaint May 14 in McDowell Circuit Court against Davis H. Elliot Construction Company Inc., alleging failure to provide a reasonably safe working environment.

According to the complaint, on April 12, 2016, Joseph Kirk, a lineman who set power poles for power companies, was in the course and scope of his employment with Elliot Construction when was injured when a digger truck malfunctioned, causing a power pole to strike the plaintiff. The suit says Kirk suffered severe and permanent injuries to various parts of his body, including a broken back. 

The plaintiffs allege Davis H. Elliot Construction Company failed to properly inspect and maintain the digger truck claws that led to Kirk's injuries.

The Kirks seek trial by jury and seek compensatory damages, attorney's fees, costs and expenses, plus interest and such other proper relief. They are represented by Brian L Ooten of Shaffer & Shaffer PLLC in Madison.

McDowell Circuit Court case number 1:18-cv-00932

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Organizations in this Story

Shaffer and Shaffer, PLLCU.S. District Court for the Southern District of West Virginia Bluefield DivisionMcDowell Circuit Court

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