Worker runs into pipe, loses teeth

Kelly Holleran Jan. 13, 2011, 6:38am

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A man has filed suit against the owners of a worksite, alleging several of his teeth were knocked out by a low-lying pipe as he was performing his job duties.

Alejandro M. Viega claims he was unloading sand at defendant Performance Blasting and Coating on Nov. 13 when a pipe involved in the unloading process struck him in the mouth.

During the incident, Viega lost several teeth, and Performance Blasting and Coating promised to repay him for his injuries and damages, according to the complaint filed Dec. 27 in Jefferson County District Court. However, they have failed to do so, the suit states.

In his complaint, Viega claims he never would have been injured had the pipe been at the correct height.

"After the incident, representatives told Plaintiff that the pipe had just recently been replaced and that it was not yet cut to the correct height," the complaint says.

Because of the incident, Viega claims he incurred medical costs; experienced pain, suffering and mental anguish; and lost his earning capacity. In addition, he incurred property damages, sustained disfigurement and impairment and lost wages, according to the complaint.

Viega alleges premises liability and negligence against Performance Blasting and Coating.

In his complaint, Viega is seeking actual and special damages, plus costs, pre- and post-judgment interest and other relief to which he may be entitled.

Norman L. Straub and Jonathan B. Zumwalt of Houston will be representing him.

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

Case No. B189-020

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