Man says forklift had no back up warning system

GALVESTON - Galveston County resident Ramis Castellon blames a foot injury he sustained at a local seafood warehouse on the facility's owner.

According to a lawsuit filed Dec. 8 in Galveston County District Court, an employee of Texas Gulf Seafood Inc. ran over Castellon's right foot with a forklift on Dec. 10, 2009.

The original petition shows the plaintiff was waiting to talk to one of the respondent's supervisors when the incident in question occurred "suddenly and without warning."

Castellon says worker Eleazar Gonzalez, who was operating the forklift, backed over his right foot, reportedly fracturing it.

"The forklift had a broken signal that beeps when it is backed," the suit says.

The complainant was then rushed to the nearby University of Texas Medical Branch.

He also sought medical treatment at various other clinics, the suit adds.

Texas Gulf Seafood is faulted for "allowing a forklift to operate without an operable backing signal to warn others that the forklift would be backing created a dangerous condition on the premises that constituted an unreasonable risk of harm."

The suit also blames the defendant for failing to warn Castellon of the supposedly dangerous condition.

Consequently, the plaintiff seeks $75,000 in damages.

Attorney Harry C. Arthur of Houston is representing Castellon.

Galveston County 10th District Court Judge David Garner is presiding over the case.

Case No. 11-cv-1973