A severe workplace injury has led to a significant legal battle in Harris County, Texas. On September 13, 2024, Myron J. Dostalik filed a complaint against Houston Metal Sawing, LLC in the District Court of Harris County. The lawsuit stems from an incident that occurred on September 22, 2022, which resulted in Dostalik suffering severe injuries and amputations.
According to the complaint, Myron J. Dostalik was guiding a steel bar with a strap while a helper operated a forklift. The forklift hit a hole, causing the strap to break and the steel bar to fall on Dostalik's toes. This incident led to serious personal injuries for Dostalik. The plaintiff argues that Houston Metal Sawing, LLC failed to provide a safe working environment and negligently conducted operations on their premises.
The lawsuit accuses Houston Metal Sawing, LLC of multiple acts of negligence including failing to maintain vehicles and equipment safely, negligent hiring and retention of employees, and inadequate training and supervision. Furthermore, as non-subscribers under the Texas Workers' Compensation Act, Houston Metal Sawing has lost common law defenses such as contributory negligence by the plaintiff or negligence by fellow employees.
Dostalik is seeking monetary relief exceeding $1 million for damages including medical expenses (both past and future), pain and suffering, mental anguish, physical impairment and disfigurement, lost wages, and loss of earning capacity. Additionally, he is pursuing exemplary damages due to what he describes as gross negligence by Houston Metal Sawing.
The plaintiff's attorney is Brian Merka from Merka Law Firm PLLC. The Case ID is 2024-62399.