A man from Lewis County, West Virginia has filed a personal injury suit against the heavy equipment manufacturer he alleges manufactured a roller that defectively failed to turn off when it flipped on its side, causing burning oil to spew onto the man.
In suit he filed on October 1 in Lewis Circuit Court, James R. Stutler, Jr. said that he was operating a roller machine manufactured by Terex on October 6, 2008, when the incident took place.
The suit says the portion of the highway Stutler was working on gave in, causing him and the roller to tumble down a hillside. The roller “did not land in a vertical position” and “did not shut its motor off,” resulting in the roller continuing to operate, spewing boiling oil onto Stutler’s body.
Stutler said the accident caused him to suffer third-degree burns to his body, requiring substantial medical care and resulting in permanent scarring, extreme pain and suffering, mental anguish, annoyance, and inconvenience.
Stutler faults Terex for his injuries, claiming the company was negligent in its failure to provide an adequate mechanism to shut the Terex roller when it was no longer upright.
Terex denies responsibility, saying Stutler’s injuries were the result of a superseding cause.
Stutler seeks attorney’s fees, costs, and other relief the court deems just.
Terex wants the complaint dismissed and wants to be awarded costs, attorney’s fees, and other relief the court deems just.