Injured worker claims he was not warned of uncovered drain

Kelly Holleran Apr. 28, 2010, 3:50pm

A Houston man claims he sustained pain and suffering after the construction company where he worked failed to warn him of an uncovered floor drain.

Valentine de la Rosa filed a lawsuit April 19 in Jefferson County District Court against Daniels Building and Construction.

De la Rosa claims he attempted to climb down from scaffolding at a work site owned by Daniels Building and Construction on March 31 when the incident occurred.

"Unknown to Plaintiff, the job site contained a hole in the floor that had been contemplated to be a floor drain," the suit states. "The floor drain however had no cover, thereby creating a hazard to those working in the area. Especially, those working on the scaffolding."

Although he doesn't specify how he became injured, de la Rosa claims the uncovered hole led him to incur medical costs; to experience pain, suffering and mental anguish; to lose wages; to suffer physical impairment and to lose consortium.

He blames Daniels Building and Construction for negligence, saying the company failed to observe job site safety, failed to properly train its employees and failed to warn de la Rosa of dangers that it knew existed, the complaint says.

In his complaint, de la Rosa seeks actual and special damages, plus costs, pre- and post-judgment interest and other relief the court deems just.

Norman L. Straub and Jonathan B. Zumwalt of Mestemaker and Straub will be representing him.

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

Jefferson County District Court case number: E186-596.

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