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Suit alleges safety devices failed causing worker to fall to his death
3/6/2008 10:00 AM By Michelle Massey, Texarkana Bureau
While
employed by Gritz Towers in Goliad, Brandon Driggers worked at high
altitudes constructing and maintaining communication towers. When
attempting to place a cross member on a tower, the 29 year old fell to
his death.
His wife believes an Elk River tower position kit
attached to his lanyard fastened to the tower contained a defective
hook. She believes that when Driggers attempted to place the beam, he
positioned a side load on the defective hook, allowing him to roll out
of his safety gear and fall to his death.
Wife Ashley
Driggers, individually and on behalf of her son, and ex-wife Johnna
Taylor, on behalf of her two sons, filed a product liability suit
against Elk River Inc. and Pensafe Inc. on March 5, in the Marshall
Division of the Eastern District of Texas.
Causes of action
filed against the defendants include negligence and strict liability.
Within the complaint, the plaintiffs argue Elk River negligently
assembled and distributed a position kit that included a defective hook
not capable of withstanding side loads.
The suit also alleges
Pensafe negligently manufactured, designed and distributed a hook that
did not have the stress tolerance to assure the safety of its use.
The
suit seeks damages for the deceased's mental anguish, pain and
suffering and for the plaintiffs' pecuniary loss, loss of
companionship, mental anguish and loss of inheritance.
Attorney
John Jack Walker III of the Tyler law firm Martin and Walker P.C. and
attorney Blake Bailey of the Tyler Bailey Law Firm are representing the
plaintiffs and requesting a trial by jury.
Case No: 2:08cv00096
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