Marks
SHERMAN - Two Sherman residents have filed a personal injury lawsuit against the manufacturer of a mower cylinder which allegedly broke and allowed a mower to fall on top of them.
Claiming the cylinder was defective, James Fallon, Sherry Fallon, Troyce Walt and Pat Walt filed suit against Grizzly Industrial Inc. on March 27 in the Eastern District of Texas, Sherman Division.
According to the original complaint, the accident occurred on Aug. 1, 2011, when James Fallon and Troyce Walt suffered disabling injuries when one side of a bat-wing mower fell on top of them.
Fallon had replaced a broken hydraulic cylinder on the mower several months prior to the accident, the suit states. The cylinder had raised one side of the mower, but a flange on the cylinder broke, causing the heavier side to fall on top of the men.
The defendants are accused of negligence for designing, manufacturing, distributing and promoting a cylinder with a defective or unsafe flange, for failing to adequately test the cylinder and for failing to warn users of its products of the known dangers to a user of this and similar cylinders.
The lawsuit seeks an award of damages for physical pain, suffering, mental anguish, medical expenses, loss of earning capacity, physical disfigurement, physical impairment, loss of consortium, loss of household services, exemplary damages, interest and court costs.
The plaintiffs are represented by J. Gregory Marks and Michael G. Guajardo of Guajardo & Marks in Dallas and Christopher Rehmet of Tate Rehmet Law Office P.C. in Sherman.
A jury trial is requested.
U.S. District Judge Richard A. Schell is assigned to the case.
Case No. 4:12-cv-00174