MOUNDSVILLE – A Wheeling man says a company’s improper handling of his on-the-job injury has left him unable to walk and work.
Mark Weese filed his complaint February 25 in Marshall Circuit Court against Precision Pipeline LLC, Jason Stromberg and Vanessa Stromberg. Jason Stromberg is a Superintendent for Precision Pipeline, and his wife is a site Emergency Medical Technician for Precision.
“Oil and gas well pads are dangerous construction sites,” Josh Miller, one of Weese’s attorneys, told The West Virginia Record. “No employee wants a workplace injury to happen. But when it does happen, the employer should strive to give the injured employee the fastest and best medical care possible without concern for the negative publicity or claims that a workplace injury could bring.”
Miller
According to the complaint, Weese was working in Marshall County on April 12, 2019, at a Precision Pipeline construction project on the Rover Pipeline. He severely injured his left leg while dragging a fuel hose. He fell to the ground in agonizing pain.
He says an unidentified laborer and bulldozer operator saw his injury and called for assistance. Vanessa Stromberg arrived as the site EMT.
“Mrs. Stromberg provided no actual medical assistance or intervention on site,” the complaint states. “Mrs. Stromberg is not a licensed Emergency Medical Technician.”
After talking with inspector Grant Hercules while waiting for the site foreman to arrive, Weese was loaded into a pickup truck to be taken to a medical facility.
But instead of being taken to the nearest medical facility – Reynolds Memorial Hospital in Glen Dale – for immediate care as required by state code, Weese instead was driven to Precision Pipeline’s yard/office in McMechen. He then was transferred to another pickup and taken to a MedExpress urgent care facility.
“Supervisors and other Precision Pipeline employees received monetary bonuses based in part on workplace safety and limiting reportable workplace injuries,” the complaint states. “If Mr. Weese had been taken to Reynolds Hospital as mandated by established workplace safety guidelines, these monetary bonuses would have been affected.
“Instead of receiving competent and appropriate emergency medical care, defendants conspired to provide the bare minimum emergency medical response to Mr. Weese to ensure that safety bonuses were not affected.”
At MedExpress, Weese was x-rayed and told his leg wasn’t broken.
Working with a Workers’ Compensation Case Manager, Weese wasn’t seen at a hospital for 3-4 weeks.
It was then when Weese learned he had suffered a broken ankle. An MRI also showed he had torn his Achilles tendon as well. He has not been able to return to work. He says his ability to walk has been affected because of the lack of acute medical care.
“Further, because of the lack of competent immediate medical care, his leg, foot, and ankle are permanently damaged in such a way that he is prone to further leg injury,” the complaint states. “For example, the same leg has broken again by simply walking down a flight of stairs.
“Had Mr. Weese been provided competent and timely medical care, his injuries would have been properly diagnosed and treated. … By handling Mr. Weese’s injury as they did, the Precision Pipeline supervisory and safety employees did not have their bonuses affected at the cost Mr. Weese’s care and comfort.”
Weese accuses Precision Pipeline of vicarious liability as well as negligent hiring, retention and supervision. He alleges Vanessa Stromberg is not a licensed EMT and secured the job because she is the wife of Jason Stromberg, a superintendent for Precision. He also accuses all of the defendants of negligence.
Weese says he has suffered personal injuries including pain and suffering, mental anguish, past and future loss of enjoyment of life, past and future embarrassment, indignity, shame, economic damages, diminished earning capacity and future lost wages. He also said he has lost his union provided benefits as he has been unable to work for over a year.
He seeks compensatory damages and punitive damages. He also seeks court costs, attorney fees and other relief.
Weese is being represented by Miller, Teresa Toriseva and Michael A. Kuhn of Toriseva Law in Wheeling. The case has been assigned to Circuit Judge David Hummel.
Marshall Circuit Court case number 21-C-9