Employee sues after being struck in the head by sign

Michelle Massey, East Texas Bureau Aug. 18, 2010, 8:33am

MARSHALL-A Tractor Supply Co. employee is suing her employer for failing to provide a safe place to work after a sign fell and hit her in the head.

Linda Myers filed suit against Tractor Supply Co., Tractor Supply Company of Texas, Specialty Risk Services, RVE Marshall Crossroads, RVE Management Co. and Rogers Venture Enterprises on Aug. 11 in the Eastern District of Texas, Marshall Division.

According to the complaint, on Sept. 18 Myers was attempting to open a set of sliding glass doors at Tractor Supply in Marshall. She states that when the doors opened, a glass and metal sign fell from the ceiling and landed on her head, neck and shoulders.

Myers claims the injury caused significant medical care including cervical fusion of vertebral bodies.

The defendants are accused of failing to provide a safe area for employee to work, failing to properly warn of the dangerous condition, failing to maintain its premises in a safe manner and failing to properly safe guard individuals from the dangerous condition.

Myers is also suing for wrongful denial of wage and medical benefits under the Employee Retirement Income Security Act and breach of fiduciary duty under ERISA.

Myers is seeking damages for physical pain, mental anguish, medical expenses, physical impairment, lost earnings and loss of earning capacity, interest, court costs, exemplary damages and attorney fees.

U.S. District Judge David Folsom is assigned to the case.

Case No. 2:10cv00289

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