Man bitten by bug sues employer

by David Yates |
Jun. 20, 2007, 2:21am

While Michael Aguillard's mother probably warned him about bed bugs, she apparently neglected to inform him about railroad bugs � a responsibility he claims was his employer's.

Aguillard, a Kansas City Southern Railway Co. employee, says he was stung by an insect while working with track materials. He is suing his employer for failing to warn him "of the risks of bug bites."

Aguillard filed his personal injury lawsuit against KCSRC with the Jefferson County District Court on June 18. Judge Donald Floyd, 172nd Judicial District, will preside over the case.

According to the plaintiff's original petition, Aguillard was bitten on June 20, 2004, nearly three years ago. He faults the railway with negligently failing to provide him with a safe place to work.

"As a result (of the defendants negligence, plaintiff suffered a bite/sting from an insect, an infection from that bite/sting, and injuries to his hands, arms, back and heart, including a mitral valve prolapse," the suit said. "He has sustained injuries to the soft tissues, ligaments, tendons, muscles, blood vessels of his hands, arms and back."

The suit goes on to say Aguillard has suffered severe pain and suffering. "He has suffered psychological and emotional injury, mental anguish and anxiety and will continue to suffer psychological and emotional injury, mental anguish and anxiety in the future."

The suit also says Aguillard has incurred medical expenses. He is suing for lost wages, earning capacity and benefits.

Aguillard claims the railway is liable for his damages because the company negligently failed to provide him with the proper equipment and failed to spray for bugs.

He is demanding a trial by jury, and is represented by Beaumont attorney Gilbert Adams, Jr.

Case No. E179-524

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