Worker blames nail gun injury on employer

David Yates Aug. 26, 2008, 8:46am


A local construction worker claims his employer purposely removed the safety switch on nail guns, causing him to be accidentally shot in the stomach with a nail.

On behalf of his client Lee Davis, attorney Jonathan Juhan filed a lawsuit Aug. 25 in Jefferson County District Court, claiming W. O'Neill Construction and Keystone Homes negligently endangered Davis by removing the safeties from nail guns.

Davis, a W. O'Neill Construction employee, was working on a Keystone Homes property in the Barrington Heights Subdivision when he was injured on Sept. 7, 2006.

"While working with a Dualfast brand nail gun, provided by W. O'Neill Construction, Davis suffered serious and permanent bodily injures," the suit says. "Davis was injured when the nail gun expelled a nail directly into his abdomen."

The suit alleges W. O'Neill Construction had removed the safety devices from their nail guns to increase job speed.

"The defendants were guilty of various acts, wrongs and omissions … each and all constituted negligence," the suit says. "As a direct and proximate result of the negligence and carelessness of the Defendants, Davis has suffered severe injury to his abdomen, and additional injury to his small bowel."

The suit does not list the acts of negligence allegedly committed by Keystone Homes.

Davis is suing for past and future medical expenses, lost earnings, impairment, pain, mental anguish and disfigurement.

The case has been assigned to Judge Milton Shuffield of the 136th Judicial District.

Case No. D182-290

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