Personal injury trial against R. Messner Construction begins

David Yates Feb. 3, 2011, 1:53am

A Jefferson County jury has been tasked to decide whether R. Messner Construction was responsible for the wind blowing a steel truss off a scaffold and striking plaintiff Donald Fowler Sr.

Fowler, along with his wife Talena, filed suit against Messner Construction and Christian Fellowship Center on Dec. 31, 2008, in Jefferson County District Court.

Christian Fellowship settled last year, court records show.

On Tuesday, Feb. 1, the trial of Fowler et al vs. Messner Construction began in Judge Milton Shuffield's 136th District Court.

Court records show Fowler was injured May 7, 2008, while working at a construction site owned by Christian Fellowship. At the time of the incident, a subcontractor working under the direction of Messner Construction employed him.

In his suit, Fowler alleges an unsecured steel truss, blown off a scaffold by strong winds, landed on his head.

Fowler contends Messner Construction controlled the worksite and negligently failed to secure the truss.

He is asking jurors to award him damages for his mental anguish, medical expenses, impairment and lost wages.

Beaumont attorney Timothy Ferguson represents him.

Messner Construction is represented by Thomas Sutton.

Case No. D182-955

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