A Beaumont company has been dismissed from a lawsuit claiming the plaintiff was rushed to the hospital after one of his co-workers allegedly shoved a pressurized air hose up his rectum, then turned the machine on full blast, severely damaging his internal organs.
As previously reported, Javier Nava-Cruz filed a lawsuit on Aug. 11, in Jefferson County District Court against Quality Mat Co. and Miguel Angel Polo-Cuantinanquiz.
According to the complaint, Nava-Cruz alleges he was working for Quality Mat on Sept. 25, 2012, when his co-worker, Polo-Cuantinanquiz, ordered three men to hold Nava-Cruz down and unclothe him.
Polo-Cuantinanquiz then “forcefully shoved a pressurized air hose into plaintiff’s rectum and turned the machine on which blew air into plaintiff’s rectum at an extremely high rate.
“The plaintiff screamed for them to stop until he was no longer conscious,” the suit states, adding that Nava-Cruz was rushed to a hospital emergency room where doctors diagnosed him with severe internal damage to his intestines and other organs, requiring immediate surgery.
Court records show that on Sept. 4 Quality Mat answered the suit, asserting Nava-Cruz was barred from bringing the suit since he received worker’s compensation benefits.
Nearly three weeks later, on Sept. 24, Nava-Cruz filed a motion to non-suit both defendants without prejudice.
Judge Donald Floyd, 172nd District Court, granted the motion for non-suit on Oct. 7, court records show.
In addition to damages for his physical and mental injuries, Nava-Cruz was seeking actual and exemplary damages.
Attorney Joaquina L. Rodriguez of the law office of Rodriguez and Associates in Houston represents him.
Quality Mat is represented by Jon Burmeister, attorney for the Beaumont law firm Moore Landry.
Nava-Cruz's suit is reminiscent of one filed in 2012 in West Virginia after a Marshall University baseball player sued a fraternity, the school and others when he was injured after attempting to shoot bottle rockets out of his own anus at a party. The case was dismissed in 2013.
Case No. E195-963