CHARLESTON — A Fayette County equipment operator is suing a Charleston paving business, alleging negligence caused injuries to the plaintiff.
Larry Capps filed a complaint in Kanawha Circuit Court against Sherry Reed and Scott Reed individually, doing business as Reed's Paving, alleging failure to exercise reasonable care and caution for the safety of its workers.
According to the complaint, on May 18, during the normal course of his employment with Reed's Paving as an equipment operator, Capps attempted to load a defective asphalt roller onto the defendants' trailer in Charleston without any offer of assistance from the defendants. Hence, the suit says, when the equipment malfunctioned, it rolled forward in Capps' direction and pinned his leg against the trailer, causing him to sustain a severely broken left leg, medical expenses, lost wages, pain and suffering, physical impairment, mental anguish, emotional distress, annoyance and inconvenience and loss of capacity to enjoy life.
Additionally, the suit says, Capps was further harmed by the defendants' misrepresentation that he was exempt from workers' compensation coverage.
The plaintiff alleges Reed's Paving failed to properly train Capps on the safe and proper use of the equipment, failed to make necessary repairs to known-malfunctioning equipment, and failed to provide assistance to Capps as he attempted to load the asphalt roller.
Capps seeks trial by jury, compensatory damages, court costs, interest and all other just relief. He is represented by attorney Charles M. Johnstone II of Johnstone & Gabhart LLP in Charleston.
Kanawha Circuit Court case number 18-C-1336
