A Texas dishwasher has asked an appellate court to reinstate his work injury lawsuit against Dowlen Oaks Retirement Center.
In his work injury lawsuit, plaintiff Gary Stallworth alleges that his skin problems are a result of his employer failing to adequately train him in how to properly wash dishes. The original Texas work injury lawsuit was filed in November of 2007.
Stallworth alleged that he began to experience a skin problem when washing dishes for Dowlen Oaks on November 28, 2005. According to Stallworth, he was told by doctors that his skin condition was caused by the way he was washing dishes.
A year after the lawsuit was filed, proceedings were halted as Dowlen Oaks and Stallworth agreed to enter into arbitration. In July of 2009, Dowlen was granted a no evidence motion for summary judgment by the arbitrator.
As a result of the unfavorable outcome, Stallworth is seeking to enter out of arbitration and get back into civil court.
Stallworth’s suit accuses Dowlen Oaks of negligence. He is seeking damages for lost wages, medical expenses, mental anguish and physical pain as well as compensatory damages.
Click here to read more about Stallworth’s work injury lawsuit.
If you or someone you love has been injured on the job, contact the work accident attorneys of Fears | Nachawati today for free legal advice. You can email us or phone us toll free at 1.866.705.7584.
Friday, February 26, 2010
Thursday, February 25, 2010
Texas construction worker injured in 20-foot fall
A Texas construction worker was severely injured Wednesday morning after falling into a 20-foot, uncovered shaft at San Antonio college.
The name of the construction site accident victim has not yet been released. However, it has been reported by Derrick Patten, deputy chief for Alamo Colleges District Police Department, that the man was working at the Nail Technical Center at around 7:45 a.m. when he fell into the shaft.
The workplace accident victim was still conscious when taken to Brooke Army Medical Center. He had suffered a leg injury and severe head injuries.
The hole into which the construction site accident victim fell drops onto a lower concrete platform where the mechanical equipment is stored.
The victim was pulled out of the hole by the San Antonio Fire Department’s technical rescue team.
At this time, it remains unclear why the hole was open and not covered, as it usually is, by a metal grate. It is also unclear whether the worker was wearing a hardhat.
For more on this Texas workplace accident, click here for the complete article.
If you or a loved one has been injured in a workplace accident, contact the Texas personal injury attorneys of Fears | Nachawati today to receive free legal assistance. To speak with one of our experienced Texas workplace accident attorneys, simply email us or phone us toll free at 1.866.705.7584.
The name of the construction site accident victim has not yet been released. However, it has been reported by Derrick Patten, deputy chief for Alamo Colleges District Police Department, that the man was working at the Nail Technical Center at around 7:45 a.m. when he fell into the shaft.
The workplace accident victim was still conscious when taken to Brooke Army Medical Center. He had suffered a leg injury and severe head injuries.
The hole into which the construction site accident victim fell drops onto a lower concrete platform where the mechanical equipment is stored.
The victim was pulled out of the hole by the San Antonio Fire Department’s technical rescue team.
At this time, it remains unclear why the hole was open and not covered, as it usually is, by a metal grate. It is also unclear whether the worker was wearing a hardhat.
For more on this Texas workplace accident, click here for the complete article.
If you or a loved one has been injured in a workplace accident, contact the Texas personal injury attorneys of Fears | Nachawati today to receive free legal assistance. To speak with one of our experienced Texas workplace accident attorneys, simply email us or phone us toll free at 1.866.705.7584.
Tuesday, February 23, 2010
When can I bring a personal injury claim for an on-the-job injury?
If you are injured in a workplace accident and your employer subscribes to workers’ compensation, then workers’ compensation benefits may be your only recourse. However, this is not always the case. There are times when an injured employee, even one who is covered by workers’ compensation, can still bring a personal injury claim after a workplace accident.
Here are four common situations where an injured worker may be able to bring a personal injury claim in addition to a workers’ compensation claim:
1. Your injury occurred on someone else’s property: In the course of their duties, employees sometimes have to perform work on remote job sites. For example, a delivery person spends much of their work day at places other than their employer’s premises. If you are injured in a workplace accident that occurred somewhere other than your employer’s place of business, then you may be able to bring a personal injury claim against the owner of the property where you were injured.
2. Your injury is the result of an intentional tort: If your employer had an actual intent to harm you, then you are not barred by workers’ compensation from bringing a personal injury claim directly against your employer.
3. Your injury was caused by a third party on your employer’s premises: Sometimes an employee’s injuries are caused by a third party who happens to be on their employer’s property. For instance, a worker could be hit by a delivery truck dropping off supplies or struck by an object dropped by a contractor performing maintenance work. In those cases, the injured worker may be able to pursue a personal injury claim against the third party and perhaps even the third party’s employer.
4. Your injury was caused by a malfunctioning or defective product: If you were injured by a tool or piece of equipment that was unreasonably dangerous or defective, then you may be able to bring a product liability suit against the manufacturer of that tool or piece of equipment. A product liability claim, in these cases, could be brought in addition to a workers’ compensation claim.
If you have been injured in a workplace accident, contact the Texas workplace accident attorneys of Fears | Nachawati today to learn more about your legal rights. To receive free legal advice, email us or phone us toll free at 1.866.322.6898.
Here are four common situations where an injured worker may be able to bring a personal injury claim in addition to a workers’ compensation claim:
1. Your injury occurred on someone else’s property: In the course of their duties, employees sometimes have to perform work on remote job sites. For example, a delivery person spends much of their work day at places other than their employer’s premises. If you are injured in a workplace accident that occurred somewhere other than your employer’s place of business, then you may be able to bring a personal injury claim against the owner of the property where you were injured.
2. Your injury is the result of an intentional tort: If your employer had an actual intent to harm you, then you are not barred by workers’ compensation from bringing a personal injury claim directly against your employer.
3. Your injury was caused by a third party on your employer’s premises: Sometimes an employee’s injuries are caused by a third party who happens to be on their employer’s property. For instance, a worker could be hit by a delivery truck dropping off supplies or struck by an object dropped by a contractor performing maintenance work. In those cases, the injured worker may be able to pursue a personal injury claim against the third party and perhaps even the third party’s employer.
4. Your injury was caused by a malfunctioning or defective product: If you were injured by a tool or piece of equipment that was unreasonably dangerous or defective, then you may be able to bring a product liability suit against the manufacturer of that tool or piece of equipment. A product liability claim, in these cases, could be brought in addition to a workers’ compensation claim.
If you have been injured in a workplace accident, contact the Texas workplace accident attorneys of Fears | Nachawati today to learn more about your legal rights. To receive free legal advice, email us or phone us toll free at 1.866.322.6898.
Monday, February 22, 2010
Worst job in America: Oil rig and gas pipeline worker
According to a story recently published by Forbes magazine, oil rig and gas pipeline workers have the worst job in America for 2010.
The survey, which was conducted by CareerCast, based its decision on five criteria:
1. Stress
2. Physical demands
3. Work environment
4. Pay
5. Hiring outlook
Job titles held by oil rig and gas pipeline workers include driller, roughneck, roustabout and toolpusher.
There is no question that the work of gas pipeline and oil rig workers is extremely physically demanding. It is not uncommon for these workers to put in 12-hour days, during which time they are working on slippery surfaces while operating heavy machinery.
As for work environment, oil rig and gas pipeline workers face some of the most treacherous working conditions of all occupations. The deadlines and time frames within which oil must be produced means that oil rig and gas pipeline workers face tremendous pressure to work as quickly as possible, which means safety concerns often take the backseat.
Common causes of workplace accidents in oil rig sites include:
• Malfunctioning machinery
• Incorrectly installed equipment
• Lack of proper safety training
• Explosions
• Fires
• Slip and falls
• Gas leaks
• Exposure to hazardous chemicals and substances
• Falling objects
• Faulty communication
• Violations of OSHA standards
• Improperly maintained equipment and tools
• Rig or derrick collapses
When something goes wrong on an oil rig or gas pipeline work site, the consequences can be tragic. Injuries suffered by oil rig and gas pipeline workers in workplace accidents include:
• Broken bones
• Back, neck and shoulder injuries
• Traumatic brain injuries
• Skull fractures
• Amputations
• Burns
• Electrocutions
• Paralysis
The study cited in the Forbes article is further proof of the highly dangerous nature of oil rig and gas pipeline work. If you have been injured while working on a gas pipeline or oil rig, you may be able to receive compensation for your injuries.
The workplace accident attorneys of Fears | Nachawati can evaluate your case to help you determine who is responsible for your oil rig or gas pipeline accident. In addition to workers’ compensation, it is sometimes possible to bring a personal injury lawsuit against a third party, which means you will obtain greater compensation than you would have through insurance alone.
Third parties who may be responsible for your gas pipeline or oil rig accident include contractors, company men, equipment owners or lessors, drilling contractors, tool or machinery manufacturers and subcontractors.
To receive free legal advice from a Texas workplace accident attorney, email Fears | Nachawati today, or call us on our toll-free helpline at 1.866.322.6898.
The survey, which was conducted by CareerCast, based its decision on five criteria:
1. Stress
2. Physical demands
3. Work environment
4. Pay
5. Hiring outlook
Job titles held by oil rig and gas pipeline workers include driller, roughneck, roustabout and toolpusher.
There is no question that the work of gas pipeline and oil rig workers is extremely physically demanding. It is not uncommon for these workers to put in 12-hour days, during which time they are working on slippery surfaces while operating heavy machinery.
As for work environment, oil rig and gas pipeline workers face some of the most treacherous working conditions of all occupations. The deadlines and time frames within which oil must be produced means that oil rig and gas pipeline workers face tremendous pressure to work as quickly as possible, which means safety concerns often take the backseat.
Common causes of workplace accidents in oil rig sites include:
• Malfunctioning machinery
• Incorrectly installed equipment
• Lack of proper safety training
• Explosions
• Fires
• Slip and falls
• Gas leaks
• Exposure to hazardous chemicals and substances
• Falling objects
• Faulty communication
• Violations of OSHA standards
• Improperly maintained equipment and tools
• Rig or derrick collapses
When something goes wrong on an oil rig or gas pipeline work site, the consequences can be tragic. Injuries suffered by oil rig and gas pipeline workers in workplace accidents include:
• Broken bones
• Back, neck and shoulder injuries
• Traumatic brain injuries
• Skull fractures
• Amputations
• Burns
• Electrocutions
• Paralysis
The study cited in the Forbes article is further proof of the highly dangerous nature of oil rig and gas pipeline work. If you have been injured while working on a gas pipeline or oil rig, you may be able to receive compensation for your injuries.
The workplace accident attorneys of Fears | Nachawati can evaluate your case to help you determine who is responsible for your oil rig or gas pipeline accident. In addition to workers’ compensation, it is sometimes possible to bring a personal injury lawsuit against a third party, which means you will obtain greater compensation than you would have through insurance alone.
Third parties who may be responsible for your gas pipeline or oil rig accident include contractors, company men, equipment owners or lessors, drilling contractors, tool or machinery manufacturers and subcontractors.
To receive free legal advice from a Texas workplace accident attorney, email Fears | Nachawati today, or call us on our toll-free helpline at 1.866.322.6898.
Thursday, February 18, 2010
Texas worker files lawsuit after suffering on-the-job injury at grocery store
A Texas man has filed a work accident lawsuit against his employer after he was injured while on the job at a grocery store.
Donato Arce, who does not specify how he was injured, says he was hurt while working for Retail Investors of Texas, which does business as Mercado de Familia.
Because Mercado de Familia does not carry workers’ compensation insurance, the company is responsible for all of his injuries, says Arce.
Damages cited in Arce’s work accident lawsuit include medical expenses, pain and suffering, mental anguish and lost income.
According to the lawsuit, Mercado de Familia is responsible for Arce’s injuries because of the company’s knowledge of the dangerous condition on its premises and the unreasonable risk of harm that it posed to employees. The lawsuit further alleges that the company failed to rectify the dangerous condition and failed to reduce the risk of harm to Arce.
To read more about Arce’s Texas work accident lawsuit, click here for the complete article.
If you have been injured on the job, contact Fears | Nachawati today for free legal advice. You can email us or phone us toll free at 1.866.322.6898.
Donato Arce, who does not specify how he was injured, says he was hurt while working for Retail Investors of Texas, which does business as Mercado de Familia.
Because Mercado de Familia does not carry workers’ compensation insurance, the company is responsible for all of his injuries, says Arce.
Damages cited in Arce’s work accident lawsuit include medical expenses, pain and suffering, mental anguish and lost income.
According to the lawsuit, Mercado de Familia is responsible for Arce’s injuries because of the company’s knowledge of the dangerous condition on its premises and the unreasonable risk of harm that it posed to employees. The lawsuit further alleges that the company failed to rectify the dangerous condition and failed to reduce the risk of harm to Arce.
To read more about Arce’s Texas work accident lawsuit, click here for the complete article.
If you have been injured on the job, contact Fears | Nachawati today for free legal advice. You can email us or phone us toll free at 1.866.322.6898.
Thursday, February 11, 2010
Texas family awarded $10 million in damages for wrongful death of crane operator
A Louisiana oilfield-construction company has been ordered to pay $10 million in damages to the family of a Texas worker who was crushed to death in a crane accident.
The victim was Adrian Flores, a 50-year-old crane operating who was working for Gulf Marine Fabricators near Ingleside, Texas. The company is a subsidiary of Houma, Louisiana-based Gulf Island Fabrication. Gulf Island Fabrication builds vessels and structures that are used in the marine, oil and gas industries.
Texas district court judge Joel Johnson awarded Flores’ wife and six children slightly more than $10 million dollars for Flores’ wrongful death as well as the family’s pain and suffering. In doing so, he reduced the $11.1 million verdict awarded by a San Patricio jury in January.
The workplace accident occurred in April of 2008 when Flores, along with three other crane operators, was attempting to lift a 1,200-ton piece of offshore platform with a crane.
At some point, a boom on Flores’ crane became loose, which threw the load off balance and onto the crane’s cab.
According to trial testimony, Flores, who had worked at the same job site for 10 years, was considered to be one of the best crane operators there.
An attorney for Gulf Island Fabrication says the company plans to appeal the judgment.
For more on this Texas workplace accident, see the full article in the Daily Comet.
If you or someone you love has been injured in a workplace accident in Texas, contact the personal injury attorneys of Fears | Nachawati today to receive free legal advice. To speak with one of our experienced workplace accident attorneys, email us or phone us toll free at 1.866.322.6898.
The victim was Adrian Flores, a 50-year-old crane operating who was working for Gulf Marine Fabricators near Ingleside, Texas. The company is a subsidiary of Houma, Louisiana-based Gulf Island Fabrication. Gulf Island Fabrication builds vessels and structures that are used in the marine, oil and gas industries.
Texas district court judge Joel Johnson awarded Flores’ wife and six children slightly more than $10 million dollars for Flores’ wrongful death as well as the family’s pain and suffering. In doing so, he reduced the $11.1 million verdict awarded by a San Patricio jury in January.
The workplace accident occurred in April of 2008 when Flores, along with three other crane operators, was attempting to lift a 1,200-ton piece of offshore platform with a crane.
At some point, a boom on Flores’ crane became loose, which threw the load off balance and onto the crane’s cab.
According to trial testimony, Flores, who had worked at the same job site for 10 years, was considered to be one of the best crane operators there.
An attorney for Gulf Island Fabrication says the company plans to appeal the judgment.
For more on this Texas workplace accident, see the full article in the Daily Comet.
If you or someone you love has been injured in a workplace accident in Texas, contact the personal injury attorneys of Fears | Nachawati today to receive free legal advice. To speak with one of our experienced workplace accident attorneys, email us or phone us toll free at 1.866.322.6898.
Friday, February 5, 2010
Texas worker files lawsuit over injuries suffered in crane accident
A Texas man is suing after being struck by the load of a moving crane while working at BP’s Texas City refinery.
The plaintiff, Francisco Cantu, is suing BP Products North America Inc. and Maxim Crane Works L.P. over the October 2008 workplace accident.
According to the lawsuit, a load being moved by a crane swung around and struck Cantu. Cantu, as a result, became trapped between the bundles and the tarp support.
The suit alleges that the crane accident was caused by improper crane operation, improper lifting techniques, improper rigging and improper supervision.
Cantu states that he was forced to undergo back surgery as a result of the crane accident and needs additional medical care for his head and neck.
Cantu’s crane accident was no isolated incident, according to his lawsuit, which states, “More than five years ago, BP management identified lifting incidents as one of the major safety issues at the BP Texas City plant yet nothing has been done to correct these problems.”
For more on this crane accident lawsuit, see the full article here.
Crane accidents such as the one suffered by Cantu are all too common an occurrence in Texas and at construction sites around the country. OSHA estimates that there are an average of 89 crane-related fatalities in the United States each year.
Of those crane accident fatalities, 32% are caused by a crane operator being struck by a heavy load. An additional 27% occur when the crane comes into contact with a live power line, electrocuting the operator.
Other causes of crane accidents include:
• Crane overturning
• Improper assembly or disassembly
• Lack of adequate training
• Crane boom collapse
• Rigging failures
With nearly 100,000 cranes used in construction each year in the United States, it is not surprising that so many workers fall victim to crane accidents. Because cranes pose such a serious risk, OSHA requires that crane operators be at least 18 years of age, and they must satisfy specific training requirements.
It’s not just operators who are injured by cranes. Individuals working in areas where a crane is being operated are at risk, too. That is why it is critical that proper lines of communication remain open between the crane operator and workers in the vicinity.
If you have been injured in a crane accident or other workplace accident, contact Fears | Nachawati today for free legal assistance. To speak with one of our workplace accident attorneys at no charge, email us or phone us toll free at 1.866.322.6898.
The plaintiff, Francisco Cantu, is suing BP Products North America Inc. and Maxim Crane Works L.P. over the October 2008 workplace accident.
According to the lawsuit, a load being moved by a crane swung around and struck Cantu. Cantu, as a result, became trapped between the bundles and the tarp support.
The suit alleges that the crane accident was caused by improper crane operation, improper lifting techniques, improper rigging and improper supervision.
Cantu states that he was forced to undergo back surgery as a result of the crane accident and needs additional medical care for his head and neck.
Cantu’s crane accident was no isolated incident, according to his lawsuit, which states, “More than five years ago, BP management identified lifting incidents as one of the major safety issues at the BP Texas City plant yet nothing has been done to correct these problems.”
For more on this crane accident lawsuit, see the full article here.
Crane accidents such as the one suffered by Cantu are all too common an occurrence in Texas and at construction sites around the country. OSHA estimates that there are an average of 89 crane-related fatalities in the United States each year.
Of those crane accident fatalities, 32% are caused by a crane operator being struck by a heavy load. An additional 27% occur when the crane comes into contact with a live power line, electrocuting the operator.
Other causes of crane accidents include:
• Crane overturning
• Improper assembly or disassembly
• Lack of adequate training
• Crane boom collapse
• Rigging failures
With nearly 100,000 cranes used in construction each year in the United States, it is not surprising that so many workers fall victim to crane accidents. Because cranes pose such a serious risk, OSHA requires that crane operators be at least 18 years of age, and they must satisfy specific training requirements.
It’s not just operators who are injured by cranes. Individuals working in areas where a crane is being operated are at risk, too. That is why it is critical that proper lines of communication remain open between the crane operator and workers in the vicinity.
If you have been injured in a crane accident or other workplace accident, contact Fears | Nachawati today for free legal assistance. To speak with one of our workplace accident attorneys at no charge, email us or phone us toll free at 1.866.322.6898.
Thursday, February 4, 2010
Six mistakes people make after being injured in a workplace accident
All too often injured people with valid workplace accident claims are denied compensation due to an avoidable mistake. Preserve your claim and ensure that you receive the compensation you are due by avoiding these common mistakes of people injured in work accidents:
1. Failing to report their injury: If you have been hurt in a workplace accident, the first thing you should do is report your injury to your employer. Even if you think your injury is only minor, you should still take steps to properly document your workplace accident. What seems like a minor injury today may prove to be much more serious in the weeks or months to come.
2. Failing to seek medical attention in a timely manner: If you wait too long to seek treatment for your injuries, this can be seen by the insurance company as a sign that you were not seriously injured.
3. Failing to have your pain documented in your medical records: Pain and suffering are not always outwardly visible. In order to prove the full extent of your injuries, your medical records must reflect the pain you have experienced. It is important that you communicate openly and honestly with your physician.
4. Failing to document the effect that your injury has had on your ability to work: Similarly, your medical records should accurately reflect the way that your injuries have interfered with your ability to perform the duties of your job. Your medical records are extremely important evidence for proving your workplace injury claim. The more complete your medical records, the better chance you have of recovering full compensation for your workplace accident.
5. Missing doctor’s appointments: You want your medical records to show that you are committed to your recovery. Failing to show up for your appointments gives the insurance company reason to question the severity of your injuries.
6. Ending medical treatment too soon: Insurance companies will see a termination of your treatment as proof that your injuries must be fully healed. It is critical that you see your treatment through to its conclusion.
If you have been injured in a workplace accident, contact Fears | Nachawati today for free legal advice. Our workplace accident attorneys will ensure that you don’t make a mistake that could cost you your case. To receive free legal assistance, email us or phone us toll free at 1.866.322.6898.
1. Failing to report their injury: If you have been hurt in a workplace accident, the first thing you should do is report your injury to your employer. Even if you think your injury is only minor, you should still take steps to properly document your workplace accident. What seems like a minor injury today may prove to be much more serious in the weeks or months to come.
2. Failing to seek medical attention in a timely manner: If you wait too long to seek treatment for your injuries, this can be seen by the insurance company as a sign that you were not seriously injured.
3. Failing to have your pain documented in your medical records: Pain and suffering are not always outwardly visible. In order to prove the full extent of your injuries, your medical records must reflect the pain you have experienced. It is important that you communicate openly and honestly with your physician.
4. Failing to document the effect that your injury has had on your ability to work: Similarly, your medical records should accurately reflect the way that your injuries have interfered with your ability to perform the duties of your job. Your medical records are extremely important evidence for proving your workplace injury claim. The more complete your medical records, the better chance you have of recovering full compensation for your workplace accident.
5. Missing doctor’s appointments: You want your medical records to show that you are committed to your recovery. Failing to show up for your appointments gives the insurance company reason to question the severity of your injuries.
6. Ending medical treatment too soon: Insurance companies will see a termination of your treatment as proof that your injuries must be fully healed. It is critical that you see your treatment through to its conclusion.
If you have been injured in a workplace accident, contact Fears | Nachawati today for free legal advice. Our workplace accident attorneys will ensure that you don’t make a mistake that could cost you your case. To receive free legal assistance, email us or phone us toll free at 1.866.322.6898.
Tuesday, February 2, 2010
Jury awards more than $56 million to Texas worker injured in tractor accident
A jury has awarded $56.3 million to a Texas man who was paralyzed in an accident involving an earth-moving tractor manufactured by Caterpillar Inc.
Caterpillar Inc. must pay Alfonso Lopez $15.8 million in actual damages and $40.5 million in punitive damages. The jury ordered that an additional $2.1 million be paid by San Antonio’s Holt Cat, the company that leased the tractor. Holt Cat is the largest distributor of Caterpillar machines in the United States.
In August 2006, Lopez was operating a Caterpillar Wheel Tractor 623 G Scraper in a subdivision north of Dallas, Texas. According to court papers, the tractor “suddenly and without warning began dramatically bouncing up and down.”
Though Lopez was wearing a seatbelt, the violent shaking caused him to be thrashed about. Eventually the seat bottomed out, and Lopez was slammed into the tractor’s frame. As a result, Lopez suffered vertebrae fractures and paralysis below the waist.
Subsequent examination of the machine’s black box indicated that multiple mechanical malfunctions caused the accident.
The trial, which took place in a San Antonio state court, lasted for 12 days, with Lopez’s attorney asking the jury to award damages based on Caterpillar’s defective manufacturing, design and marketing of the machine. He also asked the jury to award damages from Holt Cat for its alleged negligent maintenance of the tractor.
The jury assessed Caterpillar’s responsibility at 90% and found Holt Cat to be 10% responsible.
To read more about this construction accident lawsuit, click here for the complete article.
If you or someone you love has been injured in a workplace accident caused by defective or malfunctioning machinery or equipment, contact the Texas personal injury lawyers of Fears | Nachawati today to receive free legal advice. Simply email us or phone us toll free at 1.866.322.6898.
Caterpillar Inc. must pay Alfonso Lopez $15.8 million in actual damages and $40.5 million in punitive damages. The jury ordered that an additional $2.1 million be paid by San Antonio’s Holt Cat, the company that leased the tractor. Holt Cat is the largest distributor of Caterpillar machines in the United States.
In August 2006, Lopez was operating a Caterpillar Wheel Tractor 623 G Scraper in a subdivision north of Dallas, Texas. According to court papers, the tractor “suddenly and without warning began dramatically bouncing up and down.”
Though Lopez was wearing a seatbelt, the violent shaking caused him to be thrashed about. Eventually the seat bottomed out, and Lopez was slammed into the tractor’s frame. As a result, Lopez suffered vertebrae fractures and paralysis below the waist.
Subsequent examination of the machine’s black box indicated that multiple mechanical malfunctions caused the accident.
The trial, which took place in a San Antonio state court, lasted for 12 days, with Lopez’s attorney asking the jury to award damages based on Caterpillar’s defective manufacturing, design and marketing of the machine. He also asked the jury to award damages from Holt Cat for its alleged negligent maintenance of the tractor.
The jury assessed Caterpillar’s responsibility at 90% and found Holt Cat to be 10% responsible.
To read more about this construction accident lawsuit, click here for the complete article.
If you or someone you love has been injured in a workplace accident caused by defective or malfunctioning machinery or equipment, contact the Texas personal injury lawyers of Fears | Nachawati today to receive free legal advice. Simply email us or phone us toll free at 1.866.322.6898.
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