Employee sues marine service company over back injuries

John Suayan, Galveston Bureau Oct. 10, 2011, 11:52am

GALVESTON - Friendswood resident Matthew Sailer is suing his employer after he allegedly sustained "moderately severe and debilitating injuries" on the job earlier this year.

According to a lawsuit filed Oct. 4 in Galveston County District Court, Donald Collins, doing business as Troy's Marine Service, failed to take action in order to prevent Sailer from hurting himself in March.

Court papers explain that the plaintiff's duties "consist of lifting heavy items/equipment, lifting heavy items/equipment in small quarters and bending his body in awkward positions to work on boats which need repairs," however, the respondent "did not provide any lifting supplies, such as but not limited to a weight lifting belt, and failed to implement safety procedures related to lifting heavy equipment and/or equipment that would have prevented the plaintiff's injury."

"In doing so, the plaintiff suffered moderate injuries to his lower back and body," the original petition says.

The suit evokes the writ of respondeat superior.

"An employer is vicariously liable for the torts of an employee acting within the scope of the employment even though the employer did not personally commit the tort," it says.

"The plaintiff was injured as a result of a tort. The tortfeasors were employees of the defendants. The tort was committed while the employee was acting within the scope of employment."

Consequently, Sailer seeks unspecified monetary damages and a jury trial.

He is represented by The Pinkerton Law Firm.

The case has been assigned to Galveston County 212th District Court Judge Susan Criss.

Case No. 11-cv-1563

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