West Virginia Record

Thursday, November 21, 2019

Electrician sues Sam's Club, electrical company for work injury

Federal Court

By Kyla Asbury | Oct 18, 2019

Slipandfall

CHARLESTON — A Virginia man is suing Sam's Club and Shine Electrical Group, alleging they were negligent and caused him severe injuries and damages. 

Shannon Presley was at the Sam's Club in Charleston on Dec. 12, 2017, and was working within the scope of his employment as an electrician for Frank Blankenship Properties and was performing work on an industrial freezer, when he slipped and fell, according to a complaint filed in September in Kanawha Circuit Court before being removed to federal court on Oct. 15.

Presley claims he was caused to fall due to the negligence of all of the defendants, which he claims caused him to suffer serious injuries to his bones, nerves, tissues, vessels and discs in his neck, back, spine, spinal column and spinal cord.

As a result of the defendants' negligence, Presley was forced to undergo surgery, which involved the placement of a titanium plate in his neck because of the injury, according to the suit.

Presley claims he incurred medical expenses, lost wages and will continue to lose wages, was hospitalized and suffered from a permanent impairment due to the injury. He also suffered emotionally.

Shine Electrical had a duty of care to Presley as the general contractor on the site since it exercised actual and constructive control over the job site, according to the suit.

Presley claims Shine Electrical's negligence and/or carelessness caused his injuries.

Sam's Club also had a duty of care to Presley as the owner of the property and that because of that, it was present on the site and exercised actual and constructive control over the job site, according to the suit.

Presley is seeking compensatory damages. He is represented by Thomas D. Hall of the Law Offices of Hall & Copetas in Pittsburgh, Pa.

In its notice of removal, Sam's Club noted that all three parties were citizens of different states and that because of that the case should be heard in federal court.

Sam's argued that the amount in controversy would also exceed the state court limit of $75,000.

Sam's is represented by Heather M. Noel and Sara E. Brown of MacCorkle Lavender in Morgantown.

U.S. District Court for the Southern District of West Virginia Case number: 2:19-cv-00750

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U.S. District Court for the Southern District of West Virginia Charleston Division

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