Homeowner sues after broken tip from circular saw gets lodged in eye

Michelle Keahey, East Texas Bureau Apr. 22, 2013, 4:36pm

A homeowner attempting to build a wooden deck in his family’s backyard has filed a lawsuit claiming a fractured tip from the circular saw he was using catapulted into the air and lodged into his right eye. 

Michael E. Broussard filed suit against Hitachi Koki U.S.A. Ltd., a subsidiary of Hitachi Koki Co. Ltd., and Lowe’s Companies Inc. on March 7 in Jefferson County District Court. The defendants removed the case to the Eastern District of Texas, Beaumont Division on April 18.

According to the suit, on Nov. 2, 2011, Broussard was operating a 7 1/4-inch Hitachi circular saw when a fractured carbide tip catapulted from the saw blade into the air and became lodged deep inside his right eye.

Broussard claims he already suffered from partial blindness in his left and therefore, at the time of the incident, was wearing his doctor prescribed eye-glasses. Following the accident, Broussard had his right eye removed and replaced with prosthesis.

The defendants are accused of negligence, strict liability and breach of warranty.

The defendants are accused of negligence for designing, manufacturing, distributing, supplying and selling a product that was of insufficient metallurgical integrity to be used on wood products or on “composite” products and for failing to warn customers of the insufficient metallurgical integrity.

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

Broussard is represented by John Werner of Reaud, Morgan & Quinn in Beaumont.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 1:13-cv-00238

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