Man who shot himself with nail gun a no-show at trial

By David Yates | Aug 23, 2010


In August 2008, the Southeast Texas Record reported on litigation brought by Lee Davis, a construction worker who claimed his employer, W. O'Neill Construction, negligently caused him to shoot himself in the stomach with a nail by removing the safety switch on nail gun.

Two years later, a bench trial was held Aug. 23 in Judge Milton Shuffield's 136th District Court. However, Davis failed to appear at the proceedings, leaving his attorney, Jonathan Juhan, without a client.

Judge Shuffield dismissed the case for want of prosecution.

Court records show Davis was working on a Keystone Homes property in the Barrington Heights Subdivision when he was injured on Sept. 7, 2006.

"While working with a Dualfast brand nail gun, provided by W. O'Neill Construction, Davis suffered serious and permanent bodily injures," the suit says. "Davis was injured when the nail gun expelled a nail directly into his abdomen."

In his suit, Davis alleged W. O'Neill Construction removed the safety devices from their nail guns to increase job speed.

"As a direct and proximate result of the negligence and carelessness of the defendant, Davis has suffered severe injury to his abdomen, and additional injury to his small bowel," the suit states.

Davis was suing for past and future medical expenses, lost earnings, impairment, pain, mental anguish and disfigurement.

W. O'Neill Construction was represented by Silsbee attorney David Fisher.

Case No. D182-290

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