Man sues after tool dropped on head

Kelly Holleran Jul. 12, 2010, 8:29am

A scaffold worker is suing the employer of another worker who he claims dropped a tool on his head.

Ramon Chisholm claims he was working for Brock/United Scaffolding at the Valero refinery in Port Arthur on Sept. 17 when the incident occurred.

"While working in the course and scope of his employment, an employee of Ohmstede dropped a portaband tool, which landed on Plaintiff's head," the suit filed June 29 in Jefferson County District Court states.

Because of the incident, Chisholm suffered severe physical pain and mental anguish, lost his wages and his earning capacity, incurred medical costs and suffered physical impairment and disfigurement, according to the complaint.

He blames defendant Ohmstede for causing his injuries, saying its employee negligently dropped a tool onto his head, failed to properly handle tools, failed to follow industry-wide safety practices and procedures, failed to provide proper warnings of a hazardous work area, failed to warn Chisholm of a dangerous condition, failed to correct the dangerous condition and improperly implied that the area in which Chisholm was working was safe.

In his complaint, Chisholm seeks an unspecified judgment, plus pre- and post-judgment interest, costs and other relief to which he may be entitled.

He will be represented by Clint Brasher and Joe Muckleroy of Beaumont.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Jefferson County District Court case number: B187-164.

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