Injured forklift operator sues after trying to hold 1,000-pound load

Michelle Keahey, East Texas Bureau Apr. 1, 2013, 11:17am

A forklift operator has filed a lawsuit claiming he was injured when a 1,000-pound  load became unstable and he attempted to hold the load up manually. 

Roy Jordan filed suit against Averitt Express Inc. on Feb. 27, 2013, in Orange County District Court. The defendant removed the case to the Eastern District of Texas, Beaumont Division on March 29.

The incident occurred on April 20, 2012, as Jordan was employed by MDT Personnel and was working at Averitt Express as a forklift operator.

According to the lawsuit, an Averitt employee lifted a load that weighed more than 1,000 pounds with a forklift and it was unstable. Despite Jordan’s best efforts to hold up the load manually, his fingers were crushed and he injured his shoulder, head and body, according to the suit.

The defendant is accused of negligence for failing to clear the area where an unsteady load was being lifted, failed to instruct Jordan on the safest way to perform the task required and for failing to provide Jordan with the proper equipment for the task required.

The plaintiff is seeking an award of damages for medical expenses, physical pain, mental pain, anguish, physical incapacity, impairment, loss of earnings, loss of earning capacity, interest and court costs.

Jordan is represented by Brandon P. Monk of The Monk Law Firm in Port Arthur.

Case No. 1:13-cv-00180

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