Man crushed by copper sheeting sues trucking company

By John Suayan, Galveston Bureau | May 22, 2008

GALVESTON – A Home Depot employee blames a Fort Worth-based trucking company for allowing a 2,300-pound pallet to fall and crush him.

Terry Davidson of Santa Fe filed suit against Estes Trucking Company on May 13 in Galveston County District Court on allegations the latter did not exercise caution when it dropped off a batch of supplies at the League City Home Depot at which Davidson was working.

Davidson was tabbed to collect the shipment consisting of copper sheeting, according to the suit.

"On or about March, 25, 2008, Plaintiff Terry Davidson was employed by Home Depot in League City, Texas, working in the receiving department. On that date, Estes Trucking Company delivered a load of supplies to the League City Home Depot," explains the original petition. "In the process of unloading the trailer attached to the truck owned and/or operated by Defendant Estes Trucking Company or its employee, one of the pallets of copper sheeting weighing approximately 2,300 pounds fell on Plaintiff, crushing and seriously injuring his left leg and other parts of his body."

The case, which will be heard before the 10th District Court, ultimately contends unawareness on the part of the trucking company as the cause of the pallet's fall on Davidson.

"The incident in question was proximately caused by the negligence of Defendant Estes Trucking Company, its agents, servants and/or employees, acting in the course and scope of their employment," states the suit.

The suit, however, does not name Home Depot in any capacity.

Davidson and attorney Richard M. Schechter seek damages including but not limited to physical pain and impairment, mental anguish, and loss of income. They will also pursue any future damages resulting from the Plaintiff's injuries.

"The total of Plaintiff's damages, both past and future, are within the jurisdictional limits of this Court," says the suit. "These damages were legally caused by Defendants."

The case has been assigned to Judge David Garner.

Case No. 08CV0499

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