Injured painter claims company told him to place ladder on top of scaffold

John Suayan, Galveston Bureau Mar. 20, 2012, 5:53am

GALVESTON - After falling from a scaffold while performing a paint job at a League City shopping center almost two years ago, Harris County resident Ronald Acosta has filed a lawsuit.

Acosta is suing Honolulu resident Jaymark Komer, La Porte local Terry Stokes, League City Commons, Jaymark Komer Family Trust, Jaymark Komer Trust and Jaymark Komer Revocable Trust over "serious, painful and disabling" injuries he sustained as a result of the event in question on May 7, 2010.

According to the lawsuit file March 14 in Galveston County District Court, the defendants hired the plaintiff to paint the facade of the shopping center.

Upon his arrival for his assignment, Acosta was reportedly told to use the scaffolding to do the job.

"However, there was an area of the facade that was too high to reach standing on the scaffolding, and the plaintiff was instructed to help place a ladder on top of the scaffold so that he could paint a particular area of the facade," the original petition says.

"While standing on the ladder placed on the scaffolding, suddenly the ladder, which was supposed to be supported by a co-worker, slipped and fell approximately 20 feet to the ground along with the plaintiff, causing the plaintiff severe injuries."

The suit alleges the ladder belonged to and had been erected by the defendants, stating they had a duty to provide Acosta proper equipment, supplies, materials and safety training as well as warnings about the dangers associated with his responsibilities.

According to Acosta, the incident left him with facial and head fractures, dislocated arms, injuries to his hands and several severely broken bones which required several surgeries and possibly more.

Consequently, he seeks unspecified monetary damages.

Attorney Joseph R. Corteguera of Houston is representing Acosta, and Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 12-cv-389

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