La Marque man claims garbage truck's claws struck him

John Suayan, Galveston Bureau Sep. 25, 2013, 2:26pm

GALVESTON - A La Marque resident alleges part of a garbage truck injured him near his home earlier this year and is pursuing legal action against the vehicle's owner, recent court documents say.

Kenneth Batson filed a lawsuit Sept. 23 against Republic Services Inc. in Galveston County Court at Law No. 2, seeking more than $100,000 in damages. 

Batson shows that prior to the subject event, the garbage truck operator called him to said vehicle.

"Before the plaintiff could walk away from the defendant's garbage truck, the claws on the side of the truck which were holding a trash can came back down and struck said plaintiff with great force and violence causing him serious, permanent and painful bodily injuries," the original petition says.

The suit insists that the claimant did nothing to cause the incident for which he sues and blames Republic Services for:

  • Failing to provide proper training;

  • Failing to provide proper supervision;

  •  Failing to provide proper equipment;

  • Failing to provide adequate safety measures; and

  • Failing to warn.

Consequently, Batson sues for physical pain and impairment, disfigurement, mental anguish and medical expenses.

He is represented by attorney Kelly Forester of Matthews & Forester in League City.

The case has been assigned to Galveston County Court-at-Law No. 2 Judge Barbara Roberts.

Cause No. 70,770

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