BECKLEY – An MS Demolition truck driver injured when his dump truck turned over alleges he warned the company of the truck's safety issues and need for repairs prior to the accident.
Ivan Adkins and Phyllis Adkins filed a complaint in Raleigh Circuit Court against MS Demolition Contractors LLC alleging deliberate intent.
According to the complaint, Ivan Adkins worked for MS Demolition as a truck driver and operated a 2007 International dump truck onto various mining sites. He alleges that he had made complaints to his supervisor regarding the maintenance and safety issues with the truck.
On Nov. 30, 2017, while traveling on Coal River Road in Raleigh County, Adkins' trailer turned over onto its side. The suit states Adkins suffered a traumatic brain injury, memory loss/changes, headaches and other cognitive injuries, a torn rotator cuff and back injury as a result of the incident.
The plaintiffs seek monetary relief, a trial by jury, interest and all other just relief. They are represented by D. Blake Carter Jr. and J. Ryan Stewart of Bailey Javins & Carter LC in Charleston.
The case has been assigned to Circuit Judge Darl W. Poling.
Raleigh Circuit Court case number 19-C-502
