WILLIAMSON — A man is suing McDaniel Electric claiming it caused him to suffer severe injuries and damages when he fell from a water tower.
Cullen Martin was employed by McDaniel Electric when he was directed by his supervisor on June 23, 2020, to install SCADA systems and solar panels on water towers in Mingo County, according to a complaint filed in Mingo Circuit Court.
Martin claims during the process, while he was at the water tower in Gilbert, he was directed to climb to the top of the tower using a caged ladder with no fall protection and attach to it the materials to connect the wire from the conduit to the solar panel.
While doing so, it started to rain and Martin was directed to come down, however, his feet slid on the surface and he fell 20 feet to the ground, according to the suit.
Martin claims as a result of the fall, he suffered traumatic, severe permanent physical injuries and mental injuries.
The defendant was negligent in allowing him to work in unsafe working conditions that led to his injuries, according to the suit.
In its answer, McDaniel Electric contends that the plaintiff is barred from suing the company by virtue of the immunity and protection afforded by the West Virginia Workers' Compensation Act.
The company also argues that the claims against it are barred to the extent that hazards alleged in the complaint were "open and obvious to him, and he essentially exposed himself to them," the answer states.
Martin is seeking compensatory damages. He is represented by Robert B. Warner and Andrew D. Byrd of Warner Law Offices in Charleston.
McDaniel Electric is represented by Nathanial A. Kuratomi and Stephen F. Soltis of Jenkins Fenstermaker in Huntington.
The case is assigned to Circuit Juge Miki Thompson.
Mingo Circuit Court case number: 21-C-89
