ORANGE -- A garbage man who allegedly hurt himself while manually picking up trash cans has filed a lawsuit against Waste Management of Texas, claiming the company failed to "warn him of the dangerous condition."

Randy Kirkwood's suit was filed July 11 in Orange County District Court.

Kirkwood, a Beaumont resident and In-Touch Staffing employee, was contracted by Waste Management for garbage collection in the West Orange area on July 12, 2006.

"Kirkwood was a back-end loader on the defendant's garbage truck … and was required to manually lift heavy trash cans," the lawsuit says. "As a result of defendant's negligence, plaintiff was severely injured."

In his suit, Kirkwood alleged Waste Management was negligent for failing to provide him with a safe work place and proper tools and failing to warn him about the dangerous condition of picking up heavy trash cans.

The suit does not describe Kirkwood's injuries.

He is suing for past and future medical expenses, mental anguish and lost earnings.

The plaintiff is represented by attorney Brain Sutton of the Sutton & Jacobs law firm.

The case has been assigned to Judge Buddy Hahn, 260th Judicial District.

Case No. D-080264-c

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