Harris County man sues flooring business, alleges unsafe workplace

Kasey Schefflin-Emrich Nov. 5, 2015, 1:26pm


A Harris County man is suing the owner of a flooring business, alleging negligence for  work-related injuries he says he sustained.

Jaime Villalobos filed a lawsuit Aug. 24 in Galveston County District Court against David W. Graham, doing business as Marlin Floors, alleging negligence.

According to the complaint, on April 30, Villalobos was working in the course and scope of his employment with Marlin Floors at its northeast Houston metropolitan location when a tile-cutting machine and its stand fell off an unfinished balcony. The suit says Villalobos' arm and/or hand were caught as the machine was falling, causing him to be pulled off the balcony and fall to the ground onto the machine, leading him to suffer serious injuries to various parts of his body.

The suit states Marlin Floors failed to provide Villalobos with a safe place to work by not giving him enough assistance or supervision with regards to the tasks he was instructed to perform and assigning tasks that could not be completed in a safe manner. The suit says Villalobos was told by his supervisor to carry and set up the machine by himself even though the machine was very heavy and would usually require more than one person to move it.

The plaintiff alleges he has and will continue to endure pain, mental anguish, physical impairment and disfigurement, medical expenses, lost wages and loss of earning capacity.

Villalobos seeks a jury trial, damages of more than $100,000, plus punitive damages, court costs and other relief deemed appropriate by the court. He is represented by attorneys John A. Daspit, Robert Morse and Evan N. Kramer of Daspit Law Firm in Houston.

Galveston County District Court case number: 15-CV-0878.

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