Plaintiff adds more defendants to workplace injury suit

David Yates Dec. 1, 2010, 8:21am


In a third amendment to his petition filed Nov. 19, plaintiff Valentine de la Rosa has added four more defendants to his personal injury suit against a construction company.

As the Southeast Texas Record previously reported, Houston resident De la Rosa filed a lawsuit April 19 in Jefferson County District Court against Daniels Building and Construction, claiming the construction company failed to warn him of an uncovered floor drain in the area where he was working.

In his third amended petition, De la Rosa adds Plumbing Specialties, Worth Acoustical, Ballin Drywall and Efrain Salazar as defendants, claiming they all controlled the worksite and negligently failed to provide for his safety.

Court papers show De la Rosa attempted to climb down from scaffolding at a work site owned by Daniels 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."

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.

Norman L. Straub and Jonathan B. Zumwalt of Mestemaker and Straub represent him.

Judge Donald Floyd, 172nd District Court, is presiding over the case.

Case No. E186-596

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