Madison - St. Clair Record

Saturday, December 7, 2019

Mine Supply Co. sued by worker injured on pump motor

By Kelly Holleran | Oct 21, 2008

A Columbia man has filed suit against The Mine Supply Company, claiming his shoulder and leg were injured after he attempted to install a pump motor assembly that the company had repaired.

Brian Sminchak was working for the Commonfields of Cahokia on Jan. 10, installing the assembly into the sewage pipeline when an eyebolt attached to the top of the assembly failed and the assembly fell to the metal floor, according to the complaint filed Oct. 15 in St. Clair County Circuit Court.

The motor slid across the floor "and onto the Plaintiff's left leg pinning it against a metal frame," the suit states.

Sminchak claims he then tried to exit the lift station and missed an irregularly spaced rung on the ladder.

He "injured his right shoulder when attempting to prevent himself from falling to the floor of the lift station he grabbed with his right hand another rung above his head," the suit states.

As a result of the incident, Sminchak sustained numerous, severe and disabling injuries to his left leg, left foot, right arm, right shoulder and other body parts, according to the complaint.

He has suffered mental and physical pain and anguish and has become responsible for medical costs, the suit states.

Sminchak claims he has been unable to perform his work and has lost wages.

He claims Mine Supply Company was negligent because it failed to make a reasonable inspection of the eyebolt, failed to properly repair the assembly, failed to test the eyebolt, failed to warn Sminchak of the eyebolt's dangerous condition and failed to properly unload the assembly.

Sminchak is seeking a judgment in excess of $50,000, plus costs.

He is represented by Stephen C. Buser of Columbia and Chris Kolker of Kolker Law Offices in Belleville.

St. Clair County Circuit Court case number: 08-L-515.

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