GALVESTON - For Harris County resident Elizabeth Jimenez, a trip to the restroom at work almost two months ago was anything but mundane.
A lawsuit filed March 20 against Bayer Material Science LLC in the Galveston Division of the Southern District of Texas claims Jimenez sustained injuries on Jan. 28 as she was about to use one of the temporary restrooms at the defendant's Baytown facility.
Jimenez was assigned to the premises by an unnamed contractor at the time of the incident. The contractor is not a party in the litigation.
The suit explains that the respondent installed the restrooms in a part "plagued by standing water any time that it rained," adding that it caused mud to linger in front of the entryways.
According to the original petition, the company placed pallets over the mud to serve as a "walkway of sorts," but wide gaps were apparently spotted between each board.
"The defendant had been advised of the unsafe conditions, but did not remedy them," the suit says.
Jimenez shows that she had passed a set of keys to another worker after opening the restroom door when her foot was caught in between two boards of the pallet.
She adds she then fell despite the other worker's attempts to stop her, asserting she hurt her left wrist and right knee as well as her upper and lower back.
A jury trial is requested.
Attorney Anthony G. Buzbee of The Buzbee Law Firm in Houston is representing Jimenez.
Case No. 3:13-CV-0079