Winnie teen sues Crystal Beach lumber company over forklift injury

John Suayan, Galveston Bureau May 9, 2011, 3:36pm

GALVESTON - Winnie residents Dylan McKenzie and Sheila Leger are suing Seaside Holdings LLC after McKenzie allegedly injured himself at its place of business in Crystal Beach, recent court documents say.

A lawsuit filed May 2 in Galveston County District Court explains that McKenzie, a senior at East Chambers High School, contracted thoracic outlet syndrome after he fell from a forklift he rode while working for the defendant on July 15, 2010.

The original petition says Seaside, doing business as Seaside Lumber, instructed McKenzie to ride on the side of said forklift. The forklift operator suddenly turned the forklift very sharply, causing the teenager to fall off and one of its tires to run over his right foot, it states.

According to the plaintiffs, McKenzie broke his ankle and tibia. He was taken to the University of Texas Medical Branch in Galveston for medical treatment.

McKenzie's treating physician at UTMB reportedly advised the plaintiffs that the young man required surgery. The suit adds his recovery would take a full year, but he will not have full, unrestricted use of his ankle.

"He will not be able to pivot his ankle and will not be able to jump," it says.

The plaintiffs mention that McKenzie complained of pain in the middle portion of his back and numbness in both hands. The medical branch later diagnosed the conditions as thoracic outlet syndrome, stating an operation is essential.

"The plaintiffs understand that the thoracic outlet syndrome is caused by the compression in Dylan McKenzie's veins and nerves secondary to the accident that he had on July 15, 2010," the suit says.

It insists that McKenzie continues to suffer from pain and numbness.

Consequently, he sues for physical pain and suffering, mental anguish and lost earnings while Leger, his mother, complains of medical expenses and mental anguish.

A jury trial is sought.

Attorney Steven C. Barkley of Beaumont is representing the plaintiffs, and Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 11-cv-0719

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