Collapsed scaffold results in personal injury lawsuit

David Yates Apr. 24, 2007, 12:00pm

Christopher Dean

Encarnacion Perez Jr., a Total Petrochemicals Refinery employee, is suing United Scaffolding Inc. for improperly constructing the scaffold that collapsed while he was dismantling it.

According to the Perez's petition, which was filed with the Jefferson County District Court on April 23, he was instructed to assist other workers in dismantling a scaffold at the Port Arthur refinery on Oct. 3, 2006.

The suit said Perez took his position and latched his harness to the scaffold. A worker above him stepped onto a runner, which immediately gave way.

"This worker fell onto plaintiff causing him to be thrown off the scaffold," the suit said, adding that Perez hit his head and was knocked unconscious.

His employer investigated the incident and concluded the scaffold was improperly constructed by the defendant. Specifically, the right angle joints were loose, the suit said.

Perez claims United Scaffolding was negligent and failed to exercise ordinary care while constructing the scaffold.

He is suing for physical pain and suffering in the past and future, mental anguish in the past and future, lost wages, loss of earning capacity, physical impairment in the past and future, and past and future medical expenses, the suit said.

Perez is represented by attorney Christopher Dean of the Williams Bailey Law Firm.

He is demanding a trial by jury.

Judge Bob Wortham, 58th District Court, will preside over the case

Case No. A179-159

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