WINFIELD — A woman is suing Apex Pipeline Services for injuries sustained by her family member.
Tracey A. McCreery filed the lawsuit on behalf of the estate of Alexander G. McCreery against Apex Pipeline Services, Risks Solutions LLC and MedExpress Urgent Care in Putnam Circuit Court.
Alexander McCreery was injured on Sept. 16, 2019, at Apex's Triadelphia work site when a company truck he was driving up a 300-yard embankment completely lost power and braking capacity and rolled backward, out of control, for approximately 150 yards before careering off a narrow bridge and dropping approximately four feet into a creek bed, landing on the driver's side of the vehicle.
Tracey McCreery claims that while Alexander McCreery's back was hurting after the accident, he did not think he had suffered major trauma and did not seek medical attention and left work to go to a hotel in Wheeling where he was staying.
When he woke up the following morning, Alexander McCreery was in pain and his entire body was sore, which he thought was normal after the accident and took two days off work. He finally sought medical attention at MedExpress on Sept. 19, 2019, and an Apex safety representative went with him, according to the suit.
Tracey McCreery claims MedExpress created false or incomplete evidence to minimize or understate Alexander McCreery's injuries and signed a form for his return to work, even though there were abnormal findings on his spine. He was prescribed pain medication and told not to lift more than 50 pounds.
However, on the workers' compensation forms the physician filled out, he cleared Alexander McCreery for full duty, according to the suit. Alexander McCreery worked for several days until he was included in a general layoff on Oct. 2, 2019.
Alexander McCreery attempted to get workers' compensation to cover medical treatment when he was still having pain, but the defendants denied the claims. Alexander McCreery contracted COVID-19 in August 2021 and died from the illness.
Tracey McCreery is seeking compensatory damages with pre-judgment interest. She is represented by James D. McQueen Jr. of McQueen Davis in Huntington.
Putnam Circuit Court case number: 21-C-149