Quantcast

Driver Sues Employer and Client Over Negligence After Gate Collapse Incident

SOUTHEAST TEXAS RECORD

Saturday, November 23, 2024

Driver Sues Employer and Client Over Negligence After Gate Collapse Incident

State Court
Webp a5n8c775vr2y9uv5v8pcvmd6f93y

Judge Donna Roth | Facebook

In a harrowing incident that underscores the importance of workplace safety, a Houston-based driver has filed a lawsuit following a catastrophic accident at a drop yard. Melody Pena initiated legal action against Mauser USA, LLC and Kendall Brothers Transport, LLC in the District Court of Harris County, Texas on October 30, 2024. The complaint accuses both companies of negligence leading to severe injuries sustained by Pena.

The case stems from an event on July 7, 2024, when Pena was instructed by her employer, Kendall Brothers Transport LLC, to pick up a load from Mauser Packaging in Houston ahead of Hurricane Beryl. According to the petition, as Pena attempted to exit the drop yard with her truck and trailer, a massive metal gate collapsed on her. "Plaintiff took off running," the document states, "but the gate landed on and crushed Plaintiff." Despite desperate attempts by passersby and emergency services to free her, Pena suffered significant injuries including broken bones and fractures.

Pena's lawsuit alleges that both defendants failed in their duty of care. Mauser USA is accused of neglecting to properly maintain or repair the malfunctioning gate despite being aware of its dangerous condition. Meanwhile, Kendall Brothers is charged with dispatching Pena into an unsafe environment without adequate safety measures or training. The complaint asserts that these failures directly contributed to the incident under the legal theory of respondeat superior.

Seeking justice for her ordeal, Pena demands compensation exceeding $1 million for medical expenses, pain and suffering, loss of earning capacity, and other damages related to her injuries. Her legal representation is led by Stephen Boutros from Stephen Boutros Ltd., who emphasizes that both companies had actual knowledge of the risks involved yet prioritized business over employee safety.

This case will be presided over by Judge Tayler Hatcher in Harris County's 189th Judicial District Court under Case ID 2024-75697. It serves as a stark reminder of the critical need for stringent safety protocols in industrial operations.

ORGANIZATIONS IN THIS STORY

More News