Worker falls into hidden culvert, sues employer over hazardous working condition

Michelle Massey, East Texas Bureau Mar. 2, 2011, 5:53am


After falling into a hidden culvert, a construction worker is suing his employer for not warning of the dangerous condition.

Adrian Arline filed suit against Pickett Industries on Feb. 11 in Jasper County District Court. The defendant removed the case to the Eastern District of Texas, Beaumont Division on Feb. 24.

The incident occurred on Sept. 14 when Arline fell into a hole in a culvert that was covered by a cloth and dirt at the Retaining Pond Worksite on the premises of MeadWestvaco in Evadale.

Arline claims he suffered serious injuries to his back and body.

The defendant is accused of failing to maintain the premises in a reasonably safe condition and inspect the premises for hazardous conditions, failing to install a safe culvert, failing to warn workers of the hazardous conditions and failing to eliminate or remove the unsafe and unreasonably dangerous condition.

The plaintiff is seeking damages for medical expenses, mental anguish, physical pain and suffering, disability, loss of enjoyment of life, physical impairment, interest and court costs.

Arline is represented by James E. Payne, Jennifer Job Seale and Ronnie Turner on Provost Umphrey Law Firm in Beaumont.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 1:11-cv-00099

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