In a dramatic legal move, a group of six individuals has taken legal action against a Texas-based industrial service company following a harrowing incident that left them injured. The plaintiffs, Roger Olvera, David Gutierrez, Eduardo Trevino, Maria Ibarra, Martha Garza, and Pedro Maldonado, filed their complaint in the District Court of Harris County on November 14, 2024. They are suing OnPoint Industrial Services, LLC for negligence and gross negligence after an accident involving one of the company's buses.
The case centers around an incident that occurred on November 6, 2024. The plaintiffs were working at a local industrial plant where OnPoint Industrial Services was contracted to transport workers using decommissioned school buses. These buses were notably lacking seat belts. During one such transportation trip, an OnPoint driver collided with a pole within the plant premises. This collision resulted in the passengers being violently thrown from their seats due to the absence of seatbelts. All six plaintiffs sustained injuries as a result of this mishap.
The lawsuit accuses OnPoint Industrial Services of multiple breaches of duty that led to the accident and subsequent injuries. The allegations include failing to control the speed and operation of the vehicle, not maintaining proper lookout or applying brakes correctly, and operating the vehicle unsafely under circumstances where ordinary prudence was required. Furthermore, the plaintiffs claim that OnPoint contributed to creating an unsafe work environment by failing to recognize hazards and implement adequate safety protocols.
The plaintiffs argue that these actions amount to gross negligence as they involved extreme risk with probable harm potential which OnPoint was aware of but consciously disregarded. The suit states that OnPoint's actions reflect malice as understood by law because they knowingly exposed others to significant danger without taking necessary precautions.
As part of their legal action, the plaintiffs are seeking damages exceeding $1 million for various harms including physical pain and suffering (both past and future), mental anguish, medical expenses, loss of earning capacity (past and future), disfigurement, and physical impairment. Additionally, due to what they describe as egregious conduct by OnPoint Industrial Services, they are also pursuing punitive damages.
Representing the plaintiffs is Anthony G. Buzbee from The Buzbee Law Firm based in Houston. The case is being presided over by Judge Nelson Cuero in Harris County's 157th District Court under Case ID 2024-80563.