CHARLESTON — Three lawsuits were filed against the West Virginia Division of Corrections and Rehabilitation alleging the plaintiffs suffered injuries due to unsafe conditions with a dishwashing machine.
Shawn Counts and Craig Roberts also were named as defendants in the lawsuits.
Benny Bryant Gray's estate, Timothy Kerns and Jack Williams II filed the lawsuits against the defendants after they claim the defendants failed to ensure they were provided with protective clothing while working with the dishwasher, according to three lawsuits filed in Kanawha Circuit Court.
The plaintiffs claim the defendants were aware of the unsafe condition with the dishwasher and resulted in the plaintiffs to suffer severe burns from chemicals in the detergent that was used. They claim the defendants shared their duty with Trinity Services Group, a contractor with the state that provided food and kitchen services.
The plaintiffs claim they complained to Trinity about the dishwasher not working properly in April 2019, but, despite that information, the defendants failed to fix the dishwasher or request that the machine is fixed so that it did not pose a danger to the plaintiffs.
"In addition, defendants failed to provide the proper and necessary protective gear that could have prevented the injuries," one of the complaints states. "Defendants also failed to see that the dishwashing machine was properly maintained."
As a result of the defendants' willful, intentional, reckless violations of safety standards, the plaintiffs suffered serious chemical burns, according to the suits.
The plaintiffs claim the defendants failed to address the dangerous work condition to which the plaintiffs were exposed, which violated state law. The plaintiffs also claim they were allowed to work under conditions that the defendants knew presented a hazard or danger to them.
The plaintiffs are seeking compensatory and punitive damages. They are represented by Paul M. Stroebel of Stroebel & Stroebel in Charleston.
The cases are assigned to Circuit Judges Joanna Tabit, Louis "Duke" Bloom and Jennifer Bailey.