Worker seeks $75K after hose crushes fingers

John Suayan, Galveston Bureau Dec. 17, 2008, 12:35pm

GALVESTON � Alleging a crane dropped a dock hose on his left fingers last year, local laborer Seth Nyakango seeks $75,000 in damages from his employer.

Nyakango filed a personal injury lawsuit against LBC Houston LP and co-worker Ryan M. Lee of La Porte in Galveston County District Court on Dec. 9.

He claims the defendants unsuccessfully protected him from harm while he worked in the crane's vicinity in late September 2007.

"The incident directly resulted from the negligence of defendants Lee and LBC Houston," court documents say.

The plaintiff is represented by Houston attorney Matias J. Adrogue. Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Court papers say on Sept. 22, 2007, Lee was operating a crane that was holding a dock hose to connect and "negligently dropped the hose on fast crushing Nyakango's left fingers."

"The failure to use reasonable care and precautions proximately caused the incident and Nyakango's resulting injuries," they explain.

The plaintiff claims he has suffered physical pain and mental anguish and will continue to do so.

"At the time of the incident, Nyakango was a healthy, able-bodied man who sustained and will continue to suffer as a result of the incident, physical impairment, and disfigurement," the suit says.

Nyakango adds his reported injuries rendered him unemployed therefore has lost his wages and capacity to earn them.

Furthermore, he is unable to keep up with mounting medical expenses, according to the complaint.

"Charges for such medical treatment that have been made in the past and those which of reasonable probability will be made in the future have been and will be reasonable charges made necessary by the occurrence in question," it states.

Consequently, in addition to the $75,000, Nyakango seeks to recover restitution for physical pain and suffering, medical care, earnings, and all other associated expenses.

He also requests a jury trial.

Case No. 08CV1221

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