CHARLESTON – An Elkview man blames two contractors for injuries he sustained when he fell while replacing a roof.
Gregory Ross filed his complaint September 19 in Kanawha Circuit Court against Pruitts Exteriors LLC and The Roof Doctor LLC.
According to the complaint, Ross had worked for Pruitts previously as a non-employee invitee to do roof repairs and/or roof installations on residential homes. He says he’s never received workers’ compensation benefits or had taxes withheld with either defendant.
He said Pruitts only provided one lifeline for the roofing crew to share amongst themselves. The procedure was for whichever crew member was closest to the edge of the roof to connect the lifelife to his harness to provide fall protection. The worker closest to the top of the roof nearest the anchor point was, therefore, without a lifeline to provide fall protection. The workers shared the lifeline, always leaving one without a personal fall arrest system.
Ross said he told owner Ron Pruitt of the dangers and asked him for additional lifelines, but those requests were ignored.
On August 1, Pruitts was hired by The Roof Doctor to serve as the subcontractor on a roof installation on Skyline Drive in Charleston. Ross says it was a steep metal roof.
When he was working at the top of the roof, after unhooking the lifeline to give to his coworker, Ross lost control of his footing and fell down the backside of the roof. He fell about 50 feet from the edge of the third story, through a deck railing on the second story, to the ground.
Ross landed on his right side, causing him to suffer a right distal radius fracture, right retobulbar hematoma, acute nondisplaced fractures of the left orbital floor and left medial maxillary wall, infraorbital nerve damage, rib fractures, vertebral endplate fracture, disc protrusion, left adrenal and periadrenal hemorrhage and facial lacerations. He was rushed to Charleston Area Medical Center for immediate surgery on his arm. A plate and numerous screws were implanted, and he remained in ICU for several days.
After the incident, Ross says The Roof Doctor fired Pruitts from the job and finished it with its own workers who used different equipment and were provided a personal fall arrest system.
Ross says he suffered physical pain and suffering, mental anguish and suffering, permanent physical impairment, emotional distress with psychological impairment, loss wages and benefits, loss of future earning capacity and benefits, loss of capacity to enjoy life, medical expenses, annoyance, inconvenience and other damages.
He accuses both defendants of negligence, and he accuses The Roof Doctor of negligent hiring, selection and/or retention. He seeks compensatory damages, punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
Ross is being represented by Taylor M. Normal of Bailey Javins & Carter in Charleston. The case has been assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 23-C-835