Dallas Fort Worth Injury Lawyer Blog
MARSHALL TEXAS- The family of a man killed while working at a Texas sawmill is suing the company for alleged safety violations.
According to the complaint filed Dec. 28 in the Marshall Division of the Eastern District of Texas, the man was employed at Southern Hardwood Co. on Jan. 20, 2007, when he died.
The man was making wooden boards for pallets using a board edger, when the Crosby board edger “shot back” a board into his chest.
The man was taken to a local hospital where he was pronounced dead and the cause of death determined to be from a blunt force trauma to the chest.
According to the complaint, OSHA issued “serious” citations against Southern Hardwood for failing to ensure the edger displayed proper warnings and failing to ensure the equipment with worn kickback features was restored to good serviceable condition.
Other violations listed include failure to ensure the chop saw and the pulley on the log deck was guarded, failure to ensure the inclined belt on the chop saw was guarded, and failure to ensure various sprockets and drives were guarded.
The complaint continues detailing violations that include failure to have identifying information on electrical equipment, failing to ensure the electrical box was covered, failure to properly cover panel boards, using flexible cords instead of fixed wiring for equipment, failing to ensure electrical enclosures were suitable for interior locations, and failing to ensure electrical switches and breakers were in waterproof containers.
The plaintiff alleges that, “The poor maintenance and condition of the equipment, as reflected in the many violations, were a direct proximate cause of the death of the man.”
Alleging gross negligence and seeking exemplary damages, the complaint argues the defendant failed to maintain its equipment and premises in a safe manner, failure to provide effective safeguards, failing to provide a safe workplace, failing to set appropriate safety guidelines to prevent accidents and for hiring, supervising, retaining, and training employees unable to create and maintain a safe working environment.
If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, bad product, toxic injury etc then please contact the Dallas Texas Personal Injury Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.