Melvin Franklin might think twice when he hears the saying, "You can't have your cake and eat it too." Franklin is suing Tin Inc. for $1 million, claiming a piece of salt cake fell and hit him, while doing scaffolding work at Tin Temple Inland.
Franklin filed his personal injury lawsuit against Tin Inc. with the Jefferson County District Court on Dec. 21.
According to the plaintiff's petition, on Dec. 27, 2005, Franklin, a Turner Scaffolding employee, was hit from behind by a peace of salt cake, which fell from the top of Tin's property.
"During the time that Plaintiff was upon Defendant's property, Plaintiff was seriously injured as a result of the incident," the suit said. "The Defendant's employees knew or should have known that the area where Plaintiff was working was hazardous."
Franklin suffered injuries to his, neck, back, shoulder and head, the suit said.
"Defendant's employees negligently or willfully failed to provide a safe place for Plaintiff to work in that Defendant failed to make sure that all of the salt cake was washed out of the tubes and in that Defendant failed to secure the tubes which would have prevented the salt cake from falling on top of Plaintiff s body," the suit said.
Franklin is also suing for past and future mental anguish, pain, impairment, lost earnings, disfigurement and medical costs, plus all court costs.
He is demanding a trial by jury and is represented by attorney Don Caggins Sr.
Judge Bob Wortham, 58th Judicial District, has been assigned to the case.
Case No. A180-938