Collapsed scaffold leads to suit

David Yates Jan. 17, 2008, 7:16am

A collapsed scaffold has led to a suit against United Scaffolding Inc. after Charles Simmons, an Ohhstede Industries employee, claims he fell and was injured when the scaffold failed.

Simmons' suit was filed in the Jefferson County District Court on Jan. 16.

According to his petition, on Jan. 19, 2007, Plaintiff, Simmons was in the course and scope of his employment with Ohmstede Industries, when the scaffolding assembled and maintained by United failed, causing him to fall as a result.

"As a result of the… incident, Plaintiff suffered severe and permanent injuries to his body in general," the suit said. "These injuries were negligently caused by the Defendant."

The suit alleges United committed the following acts of negligence:
Failing to provide a safe place to work;
Failing to warn of the dangerous condition that existed;
Failing to provide proper tools and equipment;
Failing to provide proper training and supervision;
Failing to implement proper procedures to be employed during the operation in progress;
Failing to implement sufficient safety training and policies
And failing to properly erect, maintain and control the scaffolding at issue.

"As a result of the negligence of the Defendant, Plaintiff has sustained physical pain, mental anguish, physical impairment, physical disfigurement, has incurred reasonable and necessary medical and healthcare related expenses and, further, has sustained a loss of his earnings and/or earning capacity," the suit said. In all reasonable probability, all of these injuries, damages and losses will continue in the future."

Simmons is represented by Provost Umphrey attorney Matthew Matheny.

Judge Bob Wortham, 58th Judicial District, has been assigned to the case.

Case No. A181-025

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