John Suayan, Galveston Bureau Sep. 23, 2013, 2:19pm

GALVESTON - An Orange County couple filed a lawsuit after the husband hurt his foot while working almost six months ago, recent court papers say.

Jose Solis and Rosa Infante are suing K & L Transport LLC and Signature Manufactured Homes LLC in Galveston County District Court for the alleged April 8 incident.

The litigation was launched Sept. 17.

It shows that Solis was working for the defendants at the local site of a mobile home delivery and installation when the compact track loader he was using reportedly malfunctioned.

"The shovel component of a compact track loader or similar machine that was being used for the work suddenly and without warning became compromised and fell onto Mr. Solis's foot, causing him severe personal injuries," the original petition says.

According to the suit, the respondents "failed to properly maintain, service, inspect and/or warn about the machine and failed to adequately provide the means by which he could perform the work he was assigned."

"The defendants had actual and constructive knowledge of the condition of the machine at issue that presented an unreasonable risk of harm to anyone operating it and failed to use reasonable care to warn or make the conditions safe," the suit says.

Consequently, the complainants seek unspecified monetary damages and a jury trial.

They are represented by attorney Mario E. de la Garza of Tucker, Barnes, Garcia & de la Garza PC in Houston.

Case No. 13-CV-1202

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