Employee sues Whataburger over on-the-job injuries

By John Suayan, Galveston Bureau | Oct 18, 2011

GALVESTON - Lauentina Castaneda is suing Whataburger Restaurants LP, Whataburger Management and Lynn Carr in response to injuries she allegedly sustained on the job.

A lawsuit filed Oct. 11 in Galveston County District Court claims Castaneda hurt herself while performing unspecified duties at a Galveston Whataburger on Feb. 7.

Court papers describe the aforementioned injuries as "serious and permanent."

"On the occasion in question, the defendants were guilty of negligence in failing to provide the proper equipment or training for the job required of the plaintiff, failing to provide adequate assistance or supervision to the plaintiff in performing the tasks she was assigned go perform and in failing to provide her a safe place to work," the original petition says.

"The negligence of the defendants as set out was a proximate cause of the plaintiff's injuries and damages."

The suit asserts "the defendants assumed a duty to coordinate the plaintiff's medical care by directing her to specific medical providers, and did so negligently."

It adds the respondents were not subscribers to a policy of workers compensation insurance, stating they lost their common law defenses.

Consequently, Castaneda seeks unspecified monetary damages and a jury trial.

Vujasinovic & Beckcom is representing the plaintiff, and Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 11-cv-1588

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