Worker struck by falling pole sues scaffold company

Kelly Holleran Oct. 13, 2009, 3:31am

A Jefferson County man has filed suit against a scaffolding company and a Houston business after he says a pole from a piece of scaffolding fell on his head.

Alcy Mark Prevost claims he was working for Valero on Jan. 18, 2008, at the Valero Plant in Port Arthur.

Near Prevost, defendants United Scaffolding and XServ employees were building a platform, but did not wait for Prevost to move before they began dismantling, according to the complaint filed Oct. 9 in Jefferson County District Court.

Suddenly a pole from the scaffolding fell on Prevost's head, causing him to sustain severe and permanent injuries, the suit states.

Because of the incident, Prevost suffered severe physical pain and mental anguish, lost wages, incurred medical expenses and experienced a physical impairment and disfigurement, the complaint says.

He blames United Scaffolding and XServ for failing to provide a safe work area, for failing to provide industry-wide safety practices and procedures, for failing to provide proper warnings of a hazardous condition and for failing to warn Prevost of the hazardous condition.

In addition, United Scaffolding and XServ negligently failed to correct the dangerous condition and improperly implied that the area was safe to work in, according to the complaint.

Prevost is seeking an unspecified judgment, plus pre- and post-judgment interest, costs and other relief the court deems just.

Clint Brasher and Joe Muckleroy of Beaumont will be representing him.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Jefferson County District Court case number: D185-096.

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