Worker's fall from wall lands company in court

By David Yates | May 28, 2008

Probably not destined to become a circus tight-rope walker, a TBRS Inc. employee was strolling across a 10-foot wall when it suddenly started to shake, causing him to inadvertently perform his best Humpty Dumpty impression.

David Stephens filed suit against his employer and Burleson Plumbing on May 27 in the Jefferson County District Court, claiming the defendants negligently failed to keep him safe.

According to Stephens' suit, on June 27, 2006, he was working for TBRS at a job site in Jasper County. Burleson Plumbing, also working at the site, allegedly removed wall braces without telling him.

So when Stephens proceeded to walk out on a wall, the structure began to shake, "causing him to lose his balance and fall approximately 10 feet," the suit said.

"Defendants were negligent � because they violated their duty owed to him to exercise ordinary care."

In his suit, Stephens says TBRS "failed to maintain Worker's Compensation insurance for the injuries" he sustained, which prohibits the company from claiming Stephens is guilty of contributory negligence and knew the risks assumed with his job.

Stephens is suing for past and future mental anguish, impairment, disfigurement, medical expenses and lost wages, plus all court costs.

He is represented by Jack Ivey of the Ivey & Kadlec law firm.

Judge Gary Sanderson. 60th Judicial District, has been assigned to the case.

Case No. B181-804

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