James Zagone, a construction worker, was in the back of a truck loading steel materials when a crane operator dropped a load of steel on his legs. He is suing his employer at the time of the incident, James Stuart Construction Co.
Zagone's personal injury lawsuit was filed with the Jefferson County District Court on June 20. Judge Gary Sanderson, 60th Judicial District, has been assigned to the case.
According to the plaintiff's original petition, the incident occurred on Nov. 17, 2005. "On that occasion, plaintiff was standing on back of truck loading steal material when (the crane) dropped a load of steel on plaintiff's legs, resulting in serious and disabling injuries."
The defendant was a non-subscriber under the Texas Workers' Compensation Act at the time of the incident, the suit said.
The suit claims the company and its employees were negligent for not keeping a proper lookout for the safety of other workers.
Zagone is suing for past and future medical expenses, physical pain, lost wages and physical impairment and disfigurement.
He is demanding a trial by jury and is represented by attorney Todd Elias of the Gordon & Elias law firm.
"Todd Elias represents victims of personal injuries including maritime and offshore accidents, automobile/eighteen wheeler accidents, work related accidents, industrial site accidents, products liability, and chemical/toxic exposure cases," the firm's Web site said. "He has represented over one thousand individuals and recovered millions of dollars for his clients through trial and settlement during the past ten years."
Case No. B179-532