Scaffold worker sues after dangling, falling 30 feet

Michelle Massey, East Texas Bureau Jan. 23, 2008, 3:59am

Andy Payne

MARSHALL – Many plaintiffs file suits against companies they feel have "left them hanging" or "twisting in the wind." But an East Texas worker's recent suit says a scaffold company literally left him dangling 30 feet in the air when a scaffold railing came loose.

Kent Moseley filed a personal injury suit against Thyssen Krupp Safeway Inc. on Jan. 16 in the Marshall Division of the Eastern District of Texas.

According to the plaintiff's original complaint, Moseley was employed with Texas Company P&H and was sent to repair the overhead rail system at the Campbell Soup plant in Paris, Texas. To reach the overhead rail system, Moseley climbed scaffolding that was 30 feet high.

When reaching the top of the scaffolding, Moseley grabbed a rail to climb onto the scaffold's platform. Moseley states that when he grabbed the rail, it came loose and he swung away from the platform. While still holding the rail and dangling 30 feet in the air, the other end of the rail came loose causing Moseley to fall.

Moseley states that as a result of the 30-foot fall, he suffered "a fractured skull, crushed shoulder, broken ribs, multiple severe hematomas, back injuries and a severe concussion."

The complaint seeks damages for medical expenses, conscious physical pain and suffering, mental anguish, physical disfigurement, physical impairment, lost earning capacity, pre and post judgment interest.

In addition, Moseley is claiming that TKS Inc., the company that assembled the scaffold, was negligent.

According to the plaintiff's original complaint, TKS Inc. had "green tagged" the scaffolding to indicate it was ready to use.

Moseley claims TKS Inc. was negligent by creating and maintaining dangerous condition through failure to properly inspect or provide reasonably safe scaffolding, failure to warn of the dangerous conditions of the scaffolding, failure to properly train its employees to eliminate dangerous conditions and failure to implement or enforce measures to eliminate those dangerous conditions.

Further, the plaintiff states the defendant is liable for gross negligence because it subjecting Moseley to an "extreme degree of risk" associated with using the scaffolding.

The plaintiff also seeks exemplary damages to make an example of defendant and deter others from acting with "conscious indifference."

Dallas attorneys Todd H. Ramsey and Andrew L. Payne of the law firm Payne Mitchell Law Group are representing the plaintiff.

Judge David Folsom is assigned to the litigation.

Case No.: 2:08cv00014

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