Injured man blames Valero for not providing anti-slip steps

John Suayan, Galveston Bureau May 8, 2012, 1:39am

GALVESTON - Local resident Cody McNemar claims he sustained injuries to his left thumb and hand in a fall more than a year ago at the Valero Texas City refinery and has filed suit.

Recent court documents filed May 3 in Galveston County District Court blames the alleged incident on Nov. 1, 2010, on Valero Refining-Texas and Hertz Equipment Rental Corp.

The original petition shows McNemar was using a scissor lift which was rented or leased to his employer, DeJean Companies, by defendant Hertz when he slipped on a step of the lift and suffered the subject injuries.

"The injury was brought about due to the lack of adequate anti-slip materials on the steps of the lift in question," the suit says.

It insists Hertz supplied the scissor lift in a defective condition and Valero inspected the equipment and allowed it to be used "despite the fact that it was not compliant with safety mandates meant to protect personnel at its facility."

The complaint further asserts that Hertz failed to warn of the product's lack of anti-slip materials as well as altered said product for commercial gain.

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

He is represented by The Krist Law Firm.

Galveston County 10th District Court Judge David Garner is presiding over the case.

Case No. 12-cv-1164

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