Houston man sues after being knocked off wall by worker

John Suayan, Galveston Bureau Jan. 16, 2012, 10:37am

GALVESTON - After he fell from a concrete wall at a League City subdivision, Houston resident Calvin Finnels has filed suit against three entities.

A lawsuit filed Dec. 27 against Gulf Coast Express, Oyoque Masonry Inc. and The Meadows Community Association in Galveston County District Court alleges a Oyogue forklift operator knocked Finnels off the wall.

According to the complaint, Finnels was delivering a section for the safety wall along the border of the The Meadows community closest to FM 270 prior to the Aug. 25, 2010, incident.

"Upon arrival at the job site the plaintiff began the appropriate steps to remove the wall from the truck while being assisted by an individual named Tony, the crane-forklift operator working for defendant Oyoque," the suit says.

"The plaintiff hooked the chains that were tied around the wall onto the crane-forklift. Tony removed the section of wall from the truck and moved the wall to the appropriate location for installation."

Finnels claims Oyoque personnel asked him to assist in the placement of the section of wall and asserts the operator miscalculated and knocked him approximately 12 feet onto the concrete floor below.

He sustained "extensive" injuries to his back, neck, leg and wrist, the suit says.

The suit states that a U.S. Department of Labor report dated Nov. 1, 2010, showed the defendants failed to provide Finnels with fall protection and neglected to properly train and certify the employee who reportedly caused Finnels' fall.

He seeks unspecified monetary damages and a jury trial and is represented by attorney Andres C. Pereira of Houston.

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

Case No. 11-cv-2057

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