Woman injured by falling file cabinet, sues employer

John Suayan, Galveston Bureau May 21, 2011, 8:50am

GALVESTON - A Galveston County woman claims a filing cabinet fell on her while she was working at chiropractic clinic and is suing the clinic and its owner.

Cindy Kunde filed a personal injury suit against Duchon Chiropractic Clinic in Galveston and Dr. Chad Duchon on May 12 in Galveston County District Court.

Kunde claims she sustained injuries to her head, back and neck from the 500-pound piece of furniture on Nov. 11, 2009.

According to the original petition, Kunde was working in an area near the filing cabinet when it "suddenly and without warning" tumbled on her.

The plaintiff went to the nearby University of Texas Medical Branch for immediate medical treatment.

She alleges that several employees of the clinic notified Duchon about a problem with the cabinet, but the defendants did not respond to their concerns, according to the complaint.

"Despite these prior warnings of the faulty and unstable condition to it, the defendants failed to take steps to repair or replace the filing cabinet so as to alleviate any unnecessary hazard to their employees," the suit states.

Kunde states in addition to the injuries, the incident has caused her to suffer from periodic seizures.

She seeks unspecified monetary damages and a jury trial.

Attorney Jeffrey Musslewhite of Houston is representing the plaintiff, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 11-cv-0782

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