ORANGE -- Melvin Franklin, who might think twice when hearing the adage "You can't have your cake and eat it too," has had his $1 million suit against Tin Inc. transferred from Jefferson to Orange County.
Franklin sued Tin Inc. after a piece of aluminum salt cake fell and hit him while doing scaffolding work at Tin Temple Inland.
Salt cakes are a waste generated by the aluminum industry during the treatment of aluminum drosses and scrap. The cakes contain aluminum, salt and oxide residue.
In December 2007, The Southeast Texas Record reported on the filing of Franklin's suit. On June 18 the suit was transferred and filed in Orange County District Court.
According to his petition, on Dec. 27, 2005, Franklin, a Turner Scaffolding employee, was hit from behind by a piece 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 Buddy Hahn, 260th Judicial District, has been assigned to the case.
D-080234