Man claims negligence in construction site accident

Kasey Schefflin-Emrich Jul. 31, 2015, 10:09am


A Kaufman County man is suing a Texas concrete pumping service company, alleging he suffered serious injuries after being electrocuted while on a construction site.

Freddie Spell filed a lawsuit July 9 in Jefferson County District Court against Star Concrete Pumping Co. Inc., citing negligence.

According to the filing, Spell was on a construction site for Whataburger in Beamount on March 28 when an employee of the defendant swung the boom of a concrete pump into an electric power line while Spell was holding the nozzle at the end of the boom. This caused Spell to be thrown 10 feet and become temporarily unconscious, causing him to sustain debilitating injuries.

The suit states that the defendant was negligent in hiring and training its employee and should have been aware that the boom of the concrete pump must never be within 20 feet of power line as it can result in serious injuries to whoever is holding the nozzle.

The defendant is faulted with intentionally breaching its duty of reasonable care by failing to ensure that the concrete pump was being operated in a safe manner, as well as failing to warn Spell of the hazard.

Spell alleges he has and will continue to endure pain and mental anguish, physical impairment and disfigurement, medical expenses, and loss of future earning capacity.

Spell seeks damages of more than $1,000,000, plus exemplary damages, court costs and other relief deemed appropriate by the court. He is represented by attorney Josh Birmingham of Ted B. Lyon & Associates in Mesquite.

Jefferson County District Court case number B-197318.

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