Couple claims husband's employer was negligent

By Jenie Mallari-Torres | Feb 1, 2019

POINT PLEASANT — A husband and wife are suing a West Virginia corporation, citing alleged liability and negligence.

Timothy and Kellie Burgess filed a complaint in Mason Circuit Court against Mountaineer Testing Services Inc. d/b/a Mountain State Bridge Co. alleging that it failed to exercise reasonable care and caution for the safety of its workers.

According to the complaint, the plaintiffs allege that on April 8, 2017, Timothy Burgess received serious and permanent injuries, including a fracture of left calcaneus and significant worsening of a previously healed fracture, and suffered loss of earning capacity, loss of enjoyment of life, physical pain and suffering, emotional distress, mental anguish, medical and hospital bills, and physical disability, while his wife suffered the loss of consortium, services and other marital loss. This was a result of the negligence of the defendant in subjecting Timothy Burgess to an unsafe working condition and a high degree of risk and strong probability of serious injury and death by ordering him to erect a drainage pipe without providing him with the required fall restraint and other protective equipment, so that he fell from an elevated work surface. 

The plaintiffs hold Mountaineer Testing Services Inc. d/b/a Mountain State Bridge Co. responsible because it allegedly failed to train Timothy Burgess to recognize hazards and failed to provide proper training in handling equipment and devices safely.

The plaintiffs request a trial by jury and seek judgment against the defendant for damages in an amount to be determined by a jury, together with costs and attorneys' fees. They are represented by Guy R. Bucci, Raj A. Shah and Ashley N. Lynch of Hendrickson & Long PLLC in Charleston.

Mason Circuit Court Case number 18-C-103

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