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SOUTHEAST TEXAS RECORD

Monday, November 4, 2024

Machine Operator Sues Employer Over Severe Injuries Due To Negligence

State Court
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A Harris County machine operator has filed a lawsuit against his employer and a supervisor, alleging severe injuries due to negligence. On July 25, 2024, Frank Jimenez lodged the complaint in the District Court of Harris County, Texas, targeting Double T Steel, LLC and Juan Argumendo.

The lawsuit stems from an incident on March 24, 2023, when Jimenez was working as a machine operator for Double T Steel. According to the complaint, Jimenez was directed by his supervisor, Juan Argumendo, to use an incorrect roll of laminate on a Spanish tile machine to fulfill an urgent order. The machine is designed to work with a 48-inch roll of laminate; however, only a 43-inch roll was available at the time. This discrepancy led to operational issues that forced Jimenez to manually adjust the laminate. Tragically, his hand got caught in the machine, resulting in severe injuries that continue to affect him.

Jimenez's complaint asserts that Argumendo's actions were negligent and reckless. The filing states: "Defendant Argumendo had a duty to exercise the degree of care that a reasonably careful person would use to avoid harm." It further alleges that Argumendo failed in several key areas: maintaining proper safety measures, assisting Jimenez during the operation of the machine with incorrect materials, and directing him to operate under unsafe conditions.

Additionally, Jimenez invokes the doctrine of respondeat superior against Double T Steel. He argues that at the time of the incident, Argumendo was acting within the scope of his employment for Double T Steel and thus holds the company liable for its employee's actions. The complaint also accuses Double T Steel of failing in its duties to hire competent supervisors and adequately train employees on safety protocols related to machinery operation.

Jimenez is seeking damages exceeding $1 million for medical expenses (both past and future), physical pain and suffering (past and future), physical impairment (past and future), loss of earnings and earning capacity (past and future), mental anguish (past and future), fear of future disease or condition, cost of medical monitoring and prevention in the future, attorney fees and expenses among other general and special damages.

Representing Frank Jimenez are attorneys Alejandro J. Salicrup, Cesar Tavares, Alma Reyes, and Michael Samaniego from Williams Hart & Boundas LLP. The case is filed under Case ID 2024-46957 in front of Judge Kerrylone Asberry at Harris County District Court.

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