HOUSTON – A property owner does not owe a legal duty to ensure independent contractors perform their work in a safe manner, even when a worker cuts off most of his fingers, a recently filed motion for summary judgment argues.
Melvin Pena, who wants up to $1 million in damages, did not receive the proper training to use a radial saw, which led to him losing most of his fingers, according to a lawsuit he filed against EGR Drywall, G & R Enterprise and Montrose Multifamily Members on Feb. 2.
According to the lawsuit, on May 9, 2019, Pena was at the Montrose apartment complex. While using a radial saw to cut trim, he lost most of his fingers.
G & R was the contractor responsible for renovating the apartments. EGR was a subcontractor.
Pena claims the defendants negligently failed “to properly supervise and train” him.
Court records show that on Sept. 8 Montrose Multifamily filed a motion for summary judgment, arguing that a property owner who engages an independent contractor is not obligated to protect the contractor’s employees from hazards that are incidental to, or part of, the work the independent contractor is hired to perform.
On top of exemplary damages, Pena is suing for his pain, mental anguish, lost wages, impairment and disfigurement.
Houston attorney Kraig Rushing represents him.
Montrose Multifamily is represented by Sanford Dow, an attorney for the Houston law firm of Dow Golub Remels & Gilbreath.
Harris County District Court case No. 2021-06297