Temporary worker sues after being struck by lumber

Michelle Massey, East Texas Bureau May 19, 2010, 9:25am

MARSHALL-A temporary worker at the Baker Hughes facility in Kilgore placed frac pipe on a homemade stand and was surprised when the pipe rolled on the stand's lumber causing the wood to hit him. He claims he was severely injured.

Blaming his injuries on his employer, James Hardy filed suit against Baker Hughes Inc. doing business as Baker Oil Tools on May 13 in the Marshall Division of the Eastern District of Texas.

Hardy states that he was assisting a regular employee move a frac pipe from a hoist to a homemade stand made of 4-inch-by-4-inch lumber on Nov. 11, 2008. Hardy states that the homemade stand was not properly designed and was not equipped to safely hold frac pipe.

Hardy is accusing his employer of negligence for failing to properly train its employees and temporary workers on performing their tasks, for failing to properly design the stand, failing to provide safe and correct equipment, failing to establish and follow safety rules and failing to provide a safe working environment.

The plaintiff is seeking damages for physical pain and mental anguish, lost earnings, lost earning capacity, disfigurement, physical impairment, medical expenses, interest and costs of suit.

Longview attorneys Darren K. Coleman and Bradley Echols of Boon, Shaver, Echols & Coleman are representing the plaintiff.

U.S. District Judge T. John Ward is assigned to the litigation.

Case No. 2:10cv00157

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