Injured plaintiff wasn’t wearing safety gear, says defendant

A defendant accused of negligently selling a defective welding machine recently filed an amended answer to the complaint, asserting the plaintiff’s employer was responsible for his safety.

As previously reported, Craig Madigan filed a lawsuit April 26 in the Jefferson County District Court against Denis Mitrowski, Mitrowski Technical Services, Mitrowski Welding Management LLC and Mitrowski Welding Equipment Ltd.

Madigan was injured on June 29, 2012, when he fell 20-feet from a welding machine manufactured or sold by the defendants after a weld on the machine failed.

However, Madigan wasn’t wearing the proper safety equipment while working from the height, an oversight that makes his employer, BBB Tank Services, responsible for his injures, according to Mitrowski’s first amended answer, filed Feb. 5.

“BBB Tank Services was in a position to prevent the accident, but failed to do so,” the answer states, adding that BBB Tank Services failed to provide Madigan with fall protection equipment and also failed to train and supervise him.

“As an employer, BBB Tank Services had the responsibility to provide plaintiff a safe place to work,” the answer states.

Madigan is seeking more than $200,000 in damages and loss of pay.

Beaumont attorneys Jonathan C. Juhan and J.J. Bragg are representing him in the case.

Attorney Randy Fairless of the Sugar Land law firm Johanson & Fairless represents the defendants.

Jefferson County District Court case No. A195-531