Dallas Personal Injury Lawyer Blog

Slip and Fall At WorkPlace Results in Plaintiff's Verdict

A jury awarded nearly $5.7 million to a crane operator who was severely burned when he fell into an open sluiceway. In 2007, Mike McCraven, then 56, was an employee of Austin Industries and working at a Pasadena Refining System Inc. plant when he was told move a boom truck. As he was walking to the truck, he fell into an open sluiceway, which was full of boiling water. He sustained burns over 15 percent of his body and permanently lost feeling in his feet, and he said he is no longer able to work as a crane operator as a result. He blamed PRSI, alleging it was negligent because it left the drain covers off the sluiceway and continually flooded the area with boiling water. PRSI in turn filed suit against Austin Industries, contending it failed to adequately communicate the existing conditions to McCraven before he started the task. The jury found PRSI 75 percent, Austin 20 percent and McCraven 5 percent liable.

Truck Driver Gets 150k for Work Related Injury

 

A truck driver who alleged his employer failed to accommodate his shoulder injury received a $150,000 settlement. Charles Hilton, who is in his 50s, said he injured his right shoulder by repeatedly forcing open trailer doors that had become stuck due to poor maintenance. His employer, Central Freight Lines, reassigned him to what it described as "light duties" due to his injury. Hilton said the duties aggravated his injury, and he was eventually diagnosed with a torn rotator cuff, which required surgery. When he returned to work, he was again assigned the same "light duties." Fearing it would reinjure his shoulder, Hilton refused to do the work and was subsequently terminated. He sued Central Freight, alleging its negligence caused his injuries. Central Freight denied the allegations and also argued that Hilton's duties were appropriate for his condition. The parties agreed to the settlement on the third day of trial.

Retired Train Conductor Gets $606k For Work-Related Injuries

 

A jury awarded $606,000 to a retired train conductor who claimed his knee problems were caused by his job. Harold R. Huffman, who is now in his late 60s, said he developed osteoarthritis due to years spent getting on and off moving trains and walking on uneven, sloping surfaces while employed by Union Pacific Railroad Co. His doctor said that Huffman will need bilateral knee joint replacement surgery as his condition continues to worsen. Huffman alleged Union Pacific was aware of the potential risks associated with his job, and he contended that its ergonomics program was inadequate. Union Pacific argued Huffman's own negligence, including his obesity, was the sole cause of his knee problems.

Jury Finds for Plaintiff on Negligent Training Claim

 

On Jan. 15, an aircraft mechanic recovered $357,853 for abdominal injuries sustained in an on-the-job accident. In 2007, David Valdez and Edward Silvas, a Lear Siegler Services employee, were working on a helicopter transmission at the Corpus Christi Army Depot. Valdez claimed Silvas activated the stand the transmission was sitting on, causing it to rotate and forcefully strike him in the stomach. The blunt trauma required hospitalization and four months of physical therapy. Valdez was also prescribed painkillers, which left him fatigued and unable to work for months. Valdez sued Silvas and Lear Siegler, alleging Silvas didn't have proper safety training. The defense argued the transmission stand malfunctioned and Valdez should have been aware it was going to move. The jury found Silvas 60 percent and Lear Siegler 40 percent liable.

Work Related Injury Results in Verdict for Plaintiff in Houston, Texas

 

A jury awarded $9,763,229 to the wife and two young children of a man who died while working inside a tank at a landfill gas facility in Houston. On Feb. 22, 2005, Adan Padron, 41, was sent inside the gas tank to remove spent iron sponge. Minutes after entering, a piece of sponge fell from the wall and struck Padron, fracturing his neck. He was pronounced dead upon arrival at the hospital. Padron's wife blamed GSF Energy LLC, the contractor and operator of the facility, alleging it knew the tank was dangerous. She also claimed GSF didn't conduct a full hazard analysis before approving a permit to allow workers inside the tank, in violation of OSHA and GSF policies. GSF argued Padron's death was either the result of an unforeseeable accident or the fault of his employer, CES Environmental Services. The jury found only GSF negligent.