Insurance company seeks money for having to pay workers' comp benefits
Injured when a hooking device caused roof material to collapse on him, Ngo Nguyen is suing the ProservAnchor Crane Group and two other companies for Workers' Compensation recovery and punitive damages.
Nguyen, through Subrogee Alea North America Insurance Co., filed suit against ProservAnchor, Harrington Hoists, Inc. and McKissick-Crosby Group, Inc. with the Jefferson County District Court on Sept. 12.
According to the plaintiff's original petition, on Sept. 13, 2005, Nguyen was employed by Personnel Staffing, Inc. and performing labor at Dragon Products Beaumont office when "he was struck by a falling section of roof."
A hooking device, supplied/manufactured by the defendants, allegedly failed when it was lifting a section of the roof, causing the building material to fall on Nguyen, the suit said.
Workers' Comp benefits were paid to Nguyen by Alea North America Insurance, the suit said.
Now Alea Insurance, through Nguyen, is suing the defendants for the benefits it had to pay Nguyen, plus punitive damages.
Punitive damages are awarded as a means of punishing the defendant.
The suit charges the defendants with negligence and breach of warranty for manufacturing/supplying a faulty crane hook and with strict liability for failing to warn Nguyen of the hook's dangers.
ProservAnchor Crane Group designs, builds, installs and services custom overhead crane systems for a variety of critical industries, the company's Web site said. "Our unique combination of experience and facilities allow us to provide reliable and cost-effective systems perfectly adapted to your precise requirements. In addition to our extensive expertise and service commitment, we maintain a fully stocked warehouse of hoists, parts and accessories."
The plaintiffs are represented by attorney George Bean of the Chambers, Templeton, Cashiola & Thomas law firm.
Judge Bob Wortham, 58th Judicial District, has been assigned to the case.
Case No. A180-018