Nail gun injury leads to suit against hardware store

By Marilyn Tennissen | May 9, 2007

A Kountze man shot in the knee by a nail gun says the store should have warned customers that the gun was defective.

Brenda Roche rented a Max Roofing Nailer to use to make home repairs on March 26, 2006, from M&D Supply in Jefferson County. On March 28, 2006, her husband, Jayson Roche, the plaintiff, was holding the nail gun when "the unit misfired, driving a nail into his knee," the original petition states.

The original petition, filed May 7 in Jefferson County district court under Discovery Level III, says that Roche sustained severe and disabling injuries that required prolonged hospitalization and medical treatment.

M&D is negligent, the plaintiff alleges, because it failed to properly inspect, repair and maintain the nail gun, failed to properly explain the operation of the nail gun to the customer and warn the customer of the defective condition of the nail gun.

The plainfiff seeks damages for past and future medical expenses, wages and earning capacity, physical pain and mental anguish, impairment, disfigurement and loss of consortium with his wife.

David Dies of Orange is representing the plaintiff. He is demanding a trial by jury.

The case has been assigned to the 136th Jefferson County District Court, Judge Milton Shuffield presiding.

Case No. D179-256

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