Machinist sues employer over burns from torch

John Suayan, Galveston Bureau Sep. 22, 2009, 9:58am

GALVESTON - After reportedly suffering multiple burns from a flammable piece of equipment two years ago, a Texas City man is suing his employer in Galveston County District Court.

Michael Allemand's personal injury lawsuit against Land Enterprises Inc. says on Oct. 3, 2007, the plaintiff attempted to perform his duties at the defendant's machine shop when an acetylene torch he was using to clean various motor parts combusted.

The explosion resulted in severe burns to Allemand's face, hands and arms, the original petition states.

"As a result of the accident, the plaintiff (Michael Allemand) suffered serious physical injuries which necessitated medical treatment," the case states.

Allemand contends Land Enterprises, which is doing business as Texas Electrical Machinery Co., had prior knowledge of the dangerous condition created by the acetylene torch in question, accusing the company of neglecting to watch over him as he worked.

The suit, filed Sept. 18, also blames the defendant for failing to maintain a safe work environment and failing to have adequate safety measures in place. The plaintiff invokes the doctrine of respondeat superior.

"Such acts and omissions proximately caused the occurrence made the basis of this suit and the resulting injuries and damages suffered by the plaintiff," it says.

Allemand claims to have been afflicted with pain and suffering, impairment and disfigurement.

He adds a loss of earning capacity is detrimental to his efforts to pay his medical bills.

Consequently, he seeks an undisclosed amount of money and a jury trial.

Monterey, Calif., attorney Bryan Keller is representing the plaintiff, and the case has been assigned to Galveston County 212th District Court Judge Susan Criss.

Case No. 09CV1698

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