HOUSTON — A Transport company is facing a suit alleging one of its drivers failed to properly secure a pipe on top of a trailer that fell onto a Texas Pipe & Supply worker's leg.
Hermenigildo Hernandez and Gloria Hernandez filed a complaint March 30 in Harris County District Court against Right-A-Way Transport & Logistics LLC alleging negligence.
According to the plaintiffs' complaint, Hermenigildo Hernandez was working for Texas Pipe & Supply and was unloading pipes onto trailers sent to the loading dock for pickup by Right-A-Way.
They allege that on April 5, 2019, Hernandez was "part of a three-person team" unloading pipes with the defendant's driver responsible for strapping the pipes atop the trailer. The plaintiffs claim that Hernandez's team was on top of the trailer readjusting a pipe that had shifted by using a forklift when one of the pipes slipped out of the strap and fell on Hernandez's lower leg.
The plaintiffs further claim that it took 15 minutes for another forklift to arrive on the scene to free his leg and that he suffered injuries to his ankle and knee. In their suit, the plaintiffs allege the negligence of the defendants for failing to train or supervise its employees in proper "pipe tie down operations."
The plaintiffs seek monetary relief of more than $1 million, trial by jury and all other just relief. They are represented by Muhammad Aziz of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner in Houston and Carlos Mendoza of The Mendoza Law Firm in Houston.
Harris County District Court case number 2021-18530