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Case 1:20-bk-12043 Doc 621 Filed 02/24/21 Entered 02/24/21 14:52:42 Desc Main <br /> Document Page 2 of 40 <br /> and responsibilities that required him to operate a front end loader. <br /> 5. On or about February 20,2018, while in the course and scope of his employment <br /> as a Loader Operator, Kenneth Cole was operating a front end loader in which the air conditioner <br /> was not functioning properly causing the cab of the loader in which Kenneth Cole was located to <br /> become extremely hot causing Kenneth Cole to suffer numerous physical and mental injuries, <br /> mental anguish and severe pain and suffering, including but not limited to a heat stroke. <br /> 6. The Debtor had a duty to ensure that its employees were provided a safe work <br /> i <br /> environment and also providing equipment in proper working order to be used to minimize the <br /> risk of serious injury or death to individuals during the course of their employment,including <br /> Kenneth Cole. <br /> f <br /> 7. That on February 18, 2020 the claimants filed a complaint in the Circuit Court of <br /> Mingo County, West Virignia,but after the Debtors provided notice of their voluntary Petitions, <br /> f <br /> the claimants voluntarily discontinued the State Court Action. (See Exhibit A) <br /> 8. In their petitions, both Debtors listed their disclosed assets of$80 million. <br /> 9. The claimants are a prepetition creditor of the Debtors. <br /> PROOF OF CLAIM MAILED OUT TO COUNSEL ON TIME BUT FILED LATE <br /> 10. That the firm of Pierson Legal Services ("Law Firm")was engaged by the <br /> claimants for the sole purpose of filing a proof of claim in the above-referenced case a short time <br /> before the running of the claims bar date. <br /> 11. That the proofs of claim were signed by Kenneth Cole and Billie Cole on <br /> 4 <br /> December 14, 2020, allowing little time for the proofs of claims to be filed. <br /> 12. That the Law Firm regularly filed in the U.S. Bankruptcy Court for the Northern <br />