Texas worker awarded $200K verdict over injuries from fall at Victoria plant

by John Chapman

A Victoria, Texas man has been awarded $200,000 in damages in a personal injury lawsuit filed against Brand Energy Solutions and the Formosa Plastics Corporation. Curt Lindsey alleged that he was seriously injured after falling from faulty scaffolding that was built by Brand Energy at the Formosa Plastics plant in Calhoun County, Texas.

According to the lawsuit, Lindsey was working with equipment at Formosa’s Point Comfort, Texas plant when he fell through the scaffolding built by Brand Energy. Lindsey fell about 30 feet, seriously injuring his shoulder. He was flown by helicopter to a Houston hospital and later underwent surgery to treat the injury to his shoulder.

Lindsey’s attorney stated that the scaffolding built by Brand Energy failed to meet federal safety standards as well as Formosa’s own internal building requirements. The attorney said that Lindsey was lucky to be alive after his 30 foot fall from the faulty scaffolding.

During the trial, attorneys for Brand Energy argued that it was Formosa’s responsibility to inspect the scaffolding after it was constructed to ensure that it was properly built and safe for use. Attorneys for Formosa disagreed, saying that under Texas law, it was Brand Energy’s duty to ensure that the scaffolding that the company built was safe.

Lindsey initially filed his lawsuit only against Brand Energy. After the company named Formosa and another firm, Turner Industries Group, as responsible third parties, Lindsey amended his lawsuit to include them as defendants. Turner Industries was later removed from the lawsuit after Judge Bobby Bell, who heard the case, issued a directed verdict at the request of Turner attorneys that the company was not responsible for Lindsey’s injuries.

The jury who heard Lindsey’s lawsuit awarded him $200,000 in total damages for his injuries. The jury found that Brand Energy was 80% responsible for Lindsey’s accident, and that Formosa was 20% responsible.

Personal Injury Lawsuits Filed by Heygood, Orr & Pearson

If you or a loved one have been seriously injured in a workplace accident or suffered other personal injuries, you may qualify to file a lawsuit against the parties responsible for your injuries. The first step in finding out if you qualify is to speak with an experienced attorney who can advise you of your legal rights and guide you through the first steps in filing a personal injury suit.

The lawyers at Heygood, Orr & Pearson, have handled hundreds of cases involving personal injury claims. Our law firm has the financial resources to handle personal injury cases – including those involving workplace accidents – from start to finish. In many instances, our firm has invested hundreds of thousands of dollars in order to take a case to trial on behalf of our client. At Heygood, Orr & Pearson, we are committed to achieving justice for our clients, whatever the cost.

If you or a loved one have been the victim of personal injury, contact Heygood, Orr & Pearson to learn more about your legal rights. For a free legal consultation, please call us toll-free at 1-877-446-9001. You can also follow the link to our free case evaluation form and answer a few simple questions about your case to get started.

by John Chapman

John Chapman is a licensed attorney with experience in complex commercial litigation (including securities fraud, RICO, shareholder oppression, and derivative actions) and personal injury litigation.