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Saturday, April 27, 2024

Logging operator faces suit after man is crushed in excavator roll over

Lawsuits
Excavator

FAYETTESVILLE —The estate of a man who was crushed when his excavator toppled over is claiming the negligence of his employer and the owner of the property where the occured. 

Lisa Farley, administratrix of the Estate of Tyler Bennett, filed a complaint in Fayette Circuit Court against Phillips, Jordan Inc. and John Doe Landowner alleging deliberate intent and negligence. 

Bennett was working as a logger/equipment operator for Phillips and Jordan on April 5, 2019, on John Doe Landowner's property.  The plaintiff alleges that while operating an excavator, Bennett was crushed by the machine's boom as it toppled over. Bennett suffered fatal injuries to his chest, abdomen and pelvis. The plaintiff claims Bennett was not properly trained to use the equipment he was provided for the logging project. 

The plaintiff seeks monetary relief, interest, trial by jury and all other just relief. She is represented by Stephen New, Amanda Taylor of New, Taylor & Associates in Beckley and Attorney Derrick Lefler in Princeton. 

The case has been assigned to Judge Thomas Ewing.

Fayette Circuit Court case number 20-C-15

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