On Oct. 12, a jury awarded $433,000 to a concrete worker who lost partial vision in one eye in an on-the-job accident. In 2006, Jose Gallegos was smoothing concrete on a sidewalk in Killeen. As he was working, additional concrete was delivered by a truck owned by Transit Mix Concrete & Materials Co. and driven by employee Willie Davis. When Davis backed up, the truck came in contact with a 2-by-4 board. The opposite end of the board rose and struck Gallegos in the left eye. Gallegos blamed Transit Mix, alleging it was liable for Davis’ negligent driving. Transit Mix argued that Davis was following directions shouted at him by a third party. It also contended Gallegos was at fault for not wearing safety glasses. The jury found Davis and Transit Mix each 50 percent negligent.
Gallegos v. Transit Mix Concrete & Materials Co., et al., No. DC-07-10462
