Welding machine tip over causes injury, suit filed

David Yates May 8, 2007, 11:00am

Terry Thomas is suing the Rental Service Corp. for improperly placing a welding machine on a trailer.

According to Thomas' petition, filed with the Jefferson County District Court on May 4, once the machine was placed on the trailer, the "trailer tipped, causing the plaintiff to re-fracture a healed left tibia and fibula."

Thomas claims his injury was a direct result of the negligence of the Rental Service.

"Defendant controlled the manner that the welding machines were placed on the trailers," the suit said, adding that the defendant should have known that placing the machines on the trailer improperly would cause it to tilt."

The suit also alleges Rental Service failed to inspect the trailer and machine before delivering it to the plaintiff's employer.

"Prior to the incident, Thomas was a 53-year-old male, with a life expectancy of at least 32 years," the suit said. "He was earning $21.50 per hour as a foreman."

He is suing for lost wages for the course of his life, mental anguish, physical pain, physical impairment and medical expenses.

Thomas is represented by the Beaumont law firm Clay Dugas and Associates.

Court assignment is pending.

Case No. A179-247

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