FAYETTEVILLE — A man is suing West Virginia Environmental Services and WVA Manufacturing for his uncle's death.
Jonathan Bandy filed the lawsuit as the administrator of the estate of his uncle, John Michael Sodder, alleging that while Sodder was operating a dump truck for the defendants, he was fatally injured on March 11, 2019, according to a complaint filed in Fayette Circuit Court.
Bandy claims Sodder was operating the dump truck owned by the defendants and, though not an employee of the defendants, he had an agreement wherein he would hail and transport slurry at the Alloy WVA Manufacturing location.
Sodder was operating the truck on March 11, 2019, when the truck caught fire and Sodder attempted to flee the vehicle but was struck and run over by the driver-side rear tire of the dump truck, causing his death.
Bandy claims the dump truck was unsafe and should not have been allowed to be operated at the time. After the incident was investigated by the Occupational Safety and Health Administration (OSHA) it was discovered the same dump truck was involved in a fire a year prior.
Bandy is seeking compensatory and punitive damages. He is represented by J. Ryan Stewart of Bailey Javins & Carter in Charleston.
Fayette Circuit Court case number: 21-C-24