CHARLESTON — Gestamp West Virginia denies claims against it in a work-related injury lawsuit.
Gestamp argues that the plaintiff failed to satisfy administrative prerequisites and that it acted with reasonable care in providing premises free of hazards.
"Gestamp is not liable because it acted in good faith and in conformity with the applicable law," the answer states.
Gestamp expressly denies all allegations not specifically admitted and denies that the plaintiff was damaged by any act or omission on its part and demands proof.
"Gestamp denies that any conduct by it or its agents, servants or employees in any way contributed to the Plaintiff's alleged damages or injuries," the answer states. "Some or all of Plaintiff's claimed damages and losses have been paid by collateral sources."
Gestamp contends that the plaintiff's claim should be dismissed because the West Virginia Workers' Compensation Act provides the exclusive remedy for the injuries that Plaintiff purportedly suffered.
The plaintiff, Chadwick Workman, was employed by GES Recycling West Virginia in 2020 and was working for GES on the property of Gestamp with the permission of Gestamp as part of an ongoing business relationship, according to a complaint filed in Kanawha Circuit Court.
Workman claims one of his job duties was to use a forklift to load and unload scrap metal that was generated as part of Gestamp's manufacturing process into large bins that were located in Gestamp's lot which was called the "staging area.
On Nov. 9, 2020, Workman was working an 8 p.m. to 8 a.m. shift and he was using a GES forklift to dump scrap metal into storage bins in the staging area in the early morning hours when he went to exit the forklift and fell head-first into an industrial bin.
"As a result, Plaintiff suffered, and continues to suffer from a severe closed head injury," the complaint states.
Workman claims the defendant was aware of lighting that was inadequate and unsafe in the staging area and there were multiple daily reports recorded of the issue for at least six months.
The defendant had actual knowledge of the lights not working in the staging area and that the lighting was unsafe, according to the suit.
Workman claims the defendant was negligent and caused his injuries.
Workman is seeking compensatory and punitive damages. He is represented by Sabrena Olive Gillis and Ryan W. Walters of Shaffer & Shaffer in Charleston.
Gestamp is represented by Raj A. Shah of Hendrickson & Long in Charleston; Turner Williams of Burr & Forman in Birmingham, Ala.; and Chandler E. Aragona of Burr & Forman in Charleston, S.C.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 22-C-895