Woman tossed by backhoe blames sleeping operator, sues two companies

Kelly Holleran Oct. 5, 2009, 8:00am


A woman has filed suit against two companies after she says an employee accidentally lifted her off the ground with a backhoe.

Ruby Clursky claims she was working for L.C. Personnel Inc. on Dec. 3 on property owned by Motiva Enterprises when the incident occurred.

At the time of the incident, Clursky was standing near a backhoe that was being operated by an employee of ABClean, according to the complaint filed Sept. 29 in Jefferson County District Court.

The suit names both Motiva and ABClean as defendants.

"The backhoe operator fell asleep and when he woke up his jacket hung over the lever of the backhoe," the suit states. "The backhoe then caught the Plaintiff, Ruby Clursky, and lifted her off the ground and swung her back and forth resulting in the injuries and damages complained of herein."

Because of the incident, Clursky says she experienced physical pain, suffering, mental anguish, loss of earning capacity and physical impairment and incurred medical expenses.

Clursky is seeking an unspecified judgment, plus pre-judgment interest, costs and other relief to which she may be entitled.

She will be represented by Tom Oxford of Waldman Smallwood in Beaumont.

The case has been assigned to Judge Donald Floyd, 172nd District Judge.

Jefferson County District Court case number: E185-010.

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