Defective saw suit against Lowe’s remanded back to Jefferson County

A federal judge has granted a plaintiff’s motion seeking to amend his complaint and remand the case back to Jefferson County.

As previously reported, Michael Broussard, alleging he was sold a defective circular saw, filed suit against Hitachi Koki, the saw’s manufacturer, and Lowe’s Companies on March 7, 2012, in Jefferson County District Court.

Already partially blind in his left eye, Michael Broussard lost complete use of the other eye after a saw tip broke off from the blade and become lodged in his right eye, court papers say.

Court records show U.S. District Court Judge Ron Clark ordered the case back to its filing origin on Jan. 11.

Broussard then filed an amended petition on Feb. 7.

According to the lawsuit, on Aug. 14, 2011, Broussard purchased a Hitachi circular saw from the Lowe’s on Dowlen Road. He was using the saw on Nov. 2, 2011, when a fractured carbide tip flew from the saw blade and became lodged deep inside his right eye.

Broussard says he was wearing prescription eyeglasses to protect his eyes and because he is partially blind in his left eye.

“As a result of the injuries caused by defendants’ negligence, plaintiff now suffers from complete, permanent blindness in his right eye, in addition to the problems with his left eye,” the suit states.

The suit accuses Hitachi of negligently manufacturing, marketing and distributing a defective blade. Lowe’s is accused of having actual knowledge of the defective saw.

Broussard is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Beaumont attorney Brian Mazzola represents him.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A192-135