A Texas resident has filed a lawsuit seeking over $1,000,000 in damages following a serious injury on another's property. Finney Clay filed the complaint in Harris County District Court on August 28, 2024, against Kenneth McGuyer and Susan Buddeke.
According to the court documents, Clay alleges that he was severely injured on December 20, 2023, while on the defendants' property at 6007 Valley View Lane in Brenham, Texas. The incident occurred when McGuyer used his tractor and utility lift bucket to assist Clay with his work. However, McGuyer allegedly operated the equipment improperly, causing Clay to be thrown from the bucket and violently hit the ground. As a result of this accident, Clay sustained severe injuries requiring emergency treatment at Baylor Scott & White Hospital in Brenham and subsequent treatments at Baylor Scott & White Hospital in College Station. He has undergone multiple surgeries and received injections; several screws were permanently placed in his shoulder during one of these procedures.
The plaintiff asserts that McGuyer was negligent in various ways: creating hazardous conditions, failing to maintain a safe work environment, improperly operating heavy equipment without adequate training or adherence to safety protocols, and generally acting negligently. These actions are claimed to have directly caused Clay's injuries and ongoing suffering.
Additionally, both McGuyer and Buddeke are accused of premises liability as they owned or controlled the property where the incident took place. The lawsuit states that Clay was an invitee on their premises when he was injured. The defendants allegedly failed to warn him about dangerous conditions or remedy these hazards, thus breaching their duty of care.
Clay is seeking compensation for numerous damages including past and future medical expenses, physical pain and suffering, physical impairment, lost earnings and earning capacity, loss of services to himself both past and future, disfigurement, mental anguish both past and future. The plaintiff also requests interest before and after judgment at the highest rate provided by law until paid as well as costs of suit.
Representing Finney Clay is M. Chad Gerke from The Gerke Law Firm PLLC. The case has been assigned Case ID 2024-57435 in Harris County District Court under Judge Tianni Williams.