BECKLEY — A Summers County woman is suing Asplundh Tree Expert for the death of her partner.
Holly Kesner filed the lawsuit as the administratrix of the estate of Charles "Rosco" Davis against Asplundh and the Townsend Corporation in U.S. District Court for the Southern District of West Virginia at Beckley.
Kesner claims Davis, who was employed by Asplundh, was working on June 14, 2022, and Asplundh had actual knowledge of the existence of the specific unsafe working condition and of the high degree of risk and the strong probability of serious injury or death presented by the specific unsafe working condition.
"That the specific unsafe working condition was a violation of a state or federal safety statute, rule or regulation, whether cited or not, or of a commonly accepted and well-known safety standard within the industry or business of defendant Asplundh Tree Expert, LLC," the complaint states.
The defendants exposed Davis to the specific unsafe working condition and he suffered a fatal compensable injury as a result of the condition, according to the suit.
Kesner claims as a direct and proximate result of Asplundh's actions and omissions, on and prior to June 14, 2022, her decedent sustained severe and permanent injuries and damages.
The defendants, through their own employees, agents, and representatives, provided safety, training, management, supervision, oversight, consulting, engineering, and other support services and had a duty to provide a safe workplace and work environment to employees, according to the suit.
Kesner claims the defendants negligently breached their duties to the plaintiff by failing to provide and/or ensure a safe workplace and work environment; failing to ensure that the plaintiff and his crew were sufficiently trained and instructed with respect to its equipment and tree trimming practices.
Kesner is seeking compensatory and punitive damages. She is represented by D. Blake Carter Jr. of Bailey Javins & Carter in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 5:22-cv-00539