Man alleges Cain Concrete said to work without safety guard on saw

Michelle Massey, East Texas Bureau Apr. 3, 2008, 3:00am

TEXARKANA -- A worker for a concrete company claims his employer told him to adjust a power saw in an improper manner to get his work done faster. When the manipulation caused a severe injury, the man sued his employer.

Jose Alberto Tapia-Hernandez states his employer, Cain Concrete of Texarkana, instructed him to worker faster by using a power saw with the safety guard "wired" or "tied" back. On April 7, 2006, the saw came into contact with Tapia-Hernandez's right leg causing a serious laceration needing immediate medical care. He was taken to Wadley Regional Medical Center and underwent surgery to repair damaged ligaments and tissue.

Tapia-Hernandez filed suit against Cain Concrete on April 1, in the Texarkana Division of the Eastern District of Texas.

The suit alleges Cain Concrete was negligent through failure to properly train employees on "the safe use of equipment," failure to monitor employees to ensure proper use of equipment, failure to train or supervise employees to recognize or correct potentially dangerous conditions, and failure to warn of potentially dangerous conditions on the job site.

The suit also states that at the time of the incident, the defendant was without worker's compensation insurance coverage.

The plaintiff is seeking damages for permanent physical impairment, pain and suffering, mental anguish, medical expenses, lost wages and attorney fees.

Texarkana attorney Matthew Q. Soyars of the law firm Flint and Soyars, P.C. is representing the plaintiff.

Jury trial is demanded.

U.S. District Judge David Folsom will preside over the litigation.

Case No: 5:08cv00059

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