MARSHALL - A Tyson Foods employee has filed a lawsuit claiming he was injured during a workplace accident allegedly caused by his employer’s negligence.
Thomas Anding Jr. filed suit against Tyson Foods Inc. on Feb. 5 in Nacogdoches County Court. The defendant had the case removed to federal court in the Marshall Division of the Eastern District of Texas on Feb. 13.
Anding states he was injured while working on Jan. 5, 2011. The suit does not describe Anding's injuries or how they occurred, but alleges that the accident was the result of the negligence of the defendant’s management, co-employees or some instrumentality of the defendant’s equipment.
The plaintiff is seeking an award of damages for physical pain, mental anguish, medical expenses, physical impairment and disability, loss of household services, court costs and interest.
The defendant Tyson Foods denies all the allegations and argues that Anding failed to state sufficient factual bases to provide a fair and adequate notice of facts.
"The pleading fails to give Defendant sufficient information to enable it to prepare its defense hereto and is in violation of Texas Rules of Civil Procedure ...," the suit states.
Anding is represented by Reese P. Andrews of Andrews & Andrews in Nacogdoches.
Tyson Foods is represented by Zach T. Mayer of Kane Russell Coleman & Loga PC in Dallas.
A jury trial is requested.
U.S. District Judge Rodney Gilstrap is assigned to the case.
Case No. 2:13-cv-00127