Southeast Texas Record

Tuesday, February 25, 2020

Tyson employee sues after pinned by forklift

By Michelle Massey, East Texas Bureau | Oct 28, 2009

MARSHALL – While working at the Tyson Foods facility in Panola County, employee Anthony Blackshire claims his back was injured when a fellow employee pinned him against a wall with a forklift.

Arguing that Tyson should control their employees, Blackshire filed suit against Tyson Foods Inc. on Oct. 23 in the Marshall Division of the Eastern District of Texas.

According to court records, Blackshire was working when a Tyson forklift, operated by another employee, pinned him against a wall or pole, severely injuring his back, neck and legs.

"Tyson is liable to Anthony Blackshire in negligent on the basis of respondeat superior because Mr. Blackshire's injuries were caused by the negligent of Tyson's employee while acting in the course and scope of his employment," the lawsuit states.

Blackshire alleges that Tyson is negligent for failing to train and supervise their employees, negligently hiring the other employee, failing to control the forklift, failing to operate the forklift safely, and failing to warn of the dangerous condition.

The plaintiff is seeking damages for medical expenses, physical impairment, pain and suffering, mental anguish, lost wages and loss of earning capacity.

Longview attorney Blake C. Erskine of Erskine and McMahon, LLP and Houston attorneys Michael E. Pierce and Gabe T. Vick of Arnold and Itkin, LLP are representing the plaintiff in his allegations.

U.S. District Judge T. John Ward will preside over the litigation.

Case No 2:09cv00329

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Tyson Foods