Man sues multimillion dollar company after falling from forklift
Sat, 10 Aug 2013 00:54:23 GMT —
A valley man is suing an international company after an accident at work left him disabled.
Carlos Rosales Sr. is taking on multimillion dollar company, 4 Front in court on Monday after he was nearly killed at work and received no compensation.
Last January Carlos Rosales was doing some work for 4 Front in Pharr when he got on a forklift to fix the company's outdoor sign.
The operator of the forklift, Fransisco Reyes however was not trained on how to use the equipment, and ended up driving the forklift off the sidewalk, causing Rosales to fall 30 feet below.
"He broke his back, his hip, shattered his shoulder and had traumatic brain injury, one of his lawyers, Jody Mask said.
Rosales' ex wife, Rosa Mejia said the accident has been hard on their 13-year-old son, Carlos Jr.
"He sometimes cries a lot for his dad, Mejia said. He wants to be with him all the time because he wants to be helping him with things he can TMt do now. Before they did a lot of things together, but now they can TMt do things like play football, she said.
Rosales' condition is improving but Mask said he will never be the same.
"His injuries are life long, and they will impact him for the rest of his life and has greatly reduced what he will be able to do with work and activities," Mask said.
Since Rosales was an independent contractor and not a 4 Front employee, Mask said the company denied liability, but Mask said they are because they didn't train the forklift operator.
"You should never give keys to dangerous equipment to someone who is not trained and certified and if you do you can be sued for negligent entrustment, Mask said.
Since 1999 the law has required corporations to ensure heavy machinery is only moved by those who are trained and certified.
"4 Front knew that they are subject to that law| We are trying to hold them accountable so it doesn TMt happen to anyone else in the community," Mask said.
Action 4 did reach out to 4 Front who declined to make a comment.
The trial is expected to last five days starting Monday, August 12 in the 389th Hidalgo County District Court.