According to a report in state legal journal the West Virginia Record on Friday, George Runion filed his complaint in Kanawha County Court in Charleston October 29.

He named Patriot and subsidiaries Remington and Remington Holdings as defendants in the suit.

According to Runion, he was assigned to operate a Johnson personnel carrier on May 21, 2012, to transport timbers.

Working in an area of the mine with hilly terrain, the axle on the carrier failed.

As a result of the dangerous condition, Runion said he was unable to engage the vehicle’s brake system and the carrier rolled backwards down the slope at a high speed, crashing into a group of timbers and causing them to fall onto him, the Record reported.

The former worker said he had severe and permanent injuries to his cervical spine as a result of the incident.

In the suit, Runion said the producer had a duty to maintain, inspect and repair the Johnson carriers safely and properly and must also ensure the units, parts and components were in a safe operating condition – though the defendants failed to do that.

The plaintiff claimed the defendants had knowledge of the axle condition with the affected Johnson carrier and other Johnson units in its fleet.

He is seeking compensatory and punitive damaged with pre and post-judgment interest for his extreme physical pain and suffering; extreme mental anguish and suffering; permanent physical impairment; loss of wages and benefits; loss of future earning capacity and benefits; loss of capacity to enjoy life; medical expenses; annoyance and inconvenience; and severe and permanent scarring and disfigurement.

Runion’s representatives include Brett Preston, C Benjamin Salango and Dan Snuffer of Preston & Salango and J Kristopher Cormany of Cormany Law.

The case, known formally as case number 13-C-2027, has been assigned to circuit judge Paul Zakaib Jr.