GALVESTON - A Smith County man has filed suit against the Memorial Hermann Hospital System, alleging his employer failed to prevent a former co-worker from twice assaulting him.

In a lawsuit filed Nov . 3 in Galveston County District Court, Lindale resident Gerry Cagle claims League City local Kevin Charles Harris Jr. physically attacked him. Harris is also a defendant.

Cagle's wife, DeVonne, is a co-plaintiff in the case.

Recent court documents show Cagle, a registered nurse, and Harris, an emergency room technician, "crossed paths" and "did not get along."

"On separate occasions, Harris had placed his hands on Gerry in a threatening manner -- once by putting both his hands around Gerry's throat from behind and then again by restraining Gerry in a 'bear hug' maneuver," the original petition says.

Gerry Cagle states he reported the alleged incidents to the appropriate administrator on each such occasion, adding other employees experienced Harris's "inappropriate physically threatening behavior."

MHN decided to fire Harris in response to one of the complaints of a physical threat on March 3, 2010, but the system did not escort the defendant out of the building or seize all necessary hospital badges and access keys from him, the suit says.

Cagle adds his employer's negligence "allowed Harris to reenter a secured area accessible only to hospital personnel and physically assault and injure (him)."

Consequently, the Cagles seek unspecified monetary damages and a jury trial.

They are represented by The Kelly Law Firm.

Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 11-cv-1753

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