Second suit filed for man's conveyor belt injury

David Yates Dec. 13, 2007, 4:22am

A glue factory worker, who was taken for a ride when a conveyor belt started up out of the blue, has filed a second suit for his injury. This time around, Timothy Segura and his wife Lisa, are suing Brance-Krachy Company for allegedly failing to maintain the defective conveyer.

The couples' first lawsuit, filed on June 7, was against Goodyear and its subsidiaries, along with the manufacturer of the conveyor, Haver & Boecker, and one of its employees, Doug Jones. That case has been transferred to the Beaumont Division of the Eastern District of Texas.

According to the suit, Segura was working at the Goodyear glue plant in Beaumont when "a bulk bagging conveyor started on its own, when it should not have."

"As a result, Segura was thrown headfirst and sustained severe and permanent injuries to his brain, back and arm," the suit said, adding that the traumatic incident has caused him to suffer pain and mental anguish.

The couples' current lawsuit was filed with the Jefferson county District Court on Dec. 11 and contends Brance-Krachy "negligently maintained the defective conveyor and supplied defective parts that caused it to malfunction."

Both lawsuits are being handled by the Arnold & Itkin law firm.

And even though Arnold & Itkin lawyers are still alleging the blame for Segura's injury on Goodyear and Haver & Boecker, they are also now claiming Brance-Krachy is liable because the company is "engaged in the business of designing… selling and supplying defective parts."

"Defendant designed, manufactured, assembled, sold, marketed, maintained, and supplied the component parts in a defective condition which rendered them unreasonably dangerous…," the suit said.

"The warnings and instructions for the parts were defective and rendered them and the conveyor unreasonably dangerous. The defective warnings and instructions were a producing and proximate cause of plaintiffs' injuries."

The couple is suing for compensatory, actual, consequential and exemplary damages, plus interest and court costs.

Lisa Ann Segura is also suing for loss of love, companionship, society, support, consortium and mental anguish.

The plaintiffs are demanding a trial by jury, and are represented by attorney Cory Itkin.

Judge Donald Floyd, 172nd Judicial District, will preside over the case. Judge Floyd was also assigned to the first suit.

Case No. E180-880

More News