Man injured moving scrap metal drum sues employer

John Suayan, Galveston Bureau Nov. 8, 2010, 3:52am

GALVESTON-A Galveston County man alleges he was injured performing a task which required two people and has filed suit against his employer.

Joel Angel Vargas claims Momentum Metals on Dec. 9, 2009, ordered him to use a dolly to move an extremely heavy drum containing scrap metal down a ramp at the defendant's premises in League City. He hurt his leg during the process, the suit filed Nov. 2 in Galveston County District Court says.

Vargas recalls the weight of the drum overcoming him, causing the object to strike his right leg.

The suit additionally points out that the defendant was not a subscriber to workers' compensation.

It ultimately blames Momentum Metals for failing to provide Vargas a safe workplace as well as negligently supervising the jobsite.

"The plaintiff will also show that the defendants controlled and/or had the authority to control the plaintiff's workplace, including safety issues related to the plaintiff's job," the original petition states.

Vargas seeks unspecified monetary damages and a jury trial.

He is represented by attorney Michael G. Martinez of Friendswood.

The case has been assigned to Galveston County 56th District Court Judge Lonnie Cox.

Case No. 10-cv-4086

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