John Suayan, Galveston Bureau Oct. 7, 2013, 10:50am

HOUSTON - Following an apparent on-the-job foot injury, Harris County resident Frank Anthony Montes has brought suit against his employer.

Montes sued Champions Wholesale Foods LLC in Harris County District Court on June 14.

The case was transferred to the Houston Division of the Southern District of Texas on Oct. 2.

Montes was working as an "order puller" for the defendant at its premises at the time of the subject event on July 29, 2012.

According to court documents, another worker using a pallet jack "negligently" collided into the plaintiff, causing the latter to sustain "crushing" injuries to his foot and ankle.

CWF is blamed for "negligently hiring and entrusting a pallet jack to a reckless and/or irresponsible pallet jack operator when they knew, or should have known that he was a reckless and/or irresponsible pallet jack operator."

The company created the unreasonably dangerous condition as well as failed to warn Montes, the suit says.

A jury trial is requested.

Attorney Cynthia Huerta of Schechter, McElwee, Shaffer & Harris L.L.P. in Houston is representing the claimant.

Case No. 4:13-CV-2908

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