A couple who delivered a water tank have sued a water park and one of its employees for injuries allegedly suffered by the man when the tank fell due to an untrained forklift operator.
Todd Chisley and Koshopra Kinder filed a lawsuit April 21 in the Sherman Division of the Eastern District of Texas against Water Splash Inc. and Celik Gokhan.
According to the complaint, on April 22, 2013, Chisley and Kinder were delivering a large fiberglass water tank bound for Slayter Creek Park in Anna, Texas. The tank would be installed at a water park under construction called Splash Pad. The suit says when they arrived, Gokhan had arranged for a forklift to be on hand to unload and move the tank. The lawsuit alleges Gokhan was not trained to use the forklift and he asked the couple to unload the tank from the semi. The plaintiffs refused.
After saying, "It can't be that hard to use this," Gokhan started unloading the tank, the suit says, and, in the process, the tank "swayed and fell, striking a glancing blow to Chisley's body."
The defendants are cited with operating the forklift without training, not securing the tank before unloading it, choosing an improper "fulcrum point" to operate the forklift, improperly operating the forklift, improperly instructing Chisley to move into harm's way, failing to have a trained workforce and failing to have the right tools and equipment to move the tank.
The plaintiffs cite physical pain and anguish, loss of earning capacity, disfigurement, medical expenses and exemplary damages.
Chisley and Kidner seek unspecified damages, plus costs. They are represented by attorneys John E. Schulman and Margaret K. Schulman of the Schulman Law Firm in Dallas.
Sherman Division of the Eastern District of Texas case number: 4:15-cv-00269.