Worker sues Pep Boys after bungee cord from sidewalk sale strikes eye

By Michelle Keahey, East Texas Bureau | Mar 11, 2013

MARSHALL - A Pep Boy’s employee has filed a lawsuit claiming she suffered a serious eye injury when she attempted to follow her employer’s instructions by setting up a canopy with the use of bungee cords and one of the bungee cords came loose and hit her right eye. 

April Dark filed suit against Pep Boys–Manny, Moe & Jack of Delaware Inc. on March 4 in the Eastern District of Texas, Marshall Division.

The incident occurred on July 26, 2012, while Dark was working for Pep Boys and was struck by a bungee cord in her right eye.  At the time, Dark was attempting to set up a sidewalk sale with a canopy with the use of bungee cords.  The bungee cord then came loose and snapped back, striking Dark’s right eye, according to the suit.

She claims the injury has caused a severe impact on her ability to live independently, care for herself, and find and retain employment.

The defendant is accused of negligence for:

• Failing to provide a safe place to work;

• Failing to provide adequate eye protection for Dark;

• Failing to institute and enforce a policy for employees regarding use of eyewear when performing work that presents serious eye injuries;

• Failing to adequately train Dark;

• Failing to properly assess the job for danger;

• Knowingly having Dark do a dangerous job and failing to take any steps to see that such job be done in a safe manner;

• Providing bungee cords for Dark to use that presented an unreasonable risk of injury;

• Failing to provide adequate supervision; and

• Failing to provide the necessary equipment for Dark to do her job safely.

Dark is seeking an award of damages for physical pain and suffering, mental anguish, physical impairment, medical expenses, disfigurement, loss of earnings, loss of earning capacity, interest and court costs.

The plaintiff is represented by Bruce A. Smith and T. John Ward of Ward & Smith Law Firm in Longview.

A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00195

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