Man bitten by bug sues employer

[E.M. Bell]

While Michael Aguillard's mother probably warned him about bed bugs, she apparently neglected to inform him about railroad bugs - a responsibility he claims was his employer's.

Aguillard, a Kansas City Southern Railway Co. employee, says he was stung by an insect while working with track materials. He is suing his employer for failing to warn him "of the risks of bug bites."

Aguillard filed his personal injury lawsuit against KCSRC with the Jefferson County District Court on June 18. Judge Donald Floyd, 172nd Judicial District, will preside over the case.

According to the plaintiff's original petition, Aguillard was bitten on June 20, 2004, nearly three years ago. He faults the railway with negligently failing to provide him with a safe place to work.

"As a result (of the defendants negligence, plaintiff suffered a bite/sting from an insect, an infection from that bite/sting, and injuries to his hands, arms, back and heart, including a mitral valve prolapse," the suit said. "He has sustained injuries to the soft tissues, ligaments, tendons, muscles, blood vessels of his hands, arms and back."

The suit goes on to say Aguillard has suffered severe pain and suffering. "He has suffered psychological and emotional injury, mental anguish and anxiety and will continue to suffer psychological and emotional injury, mental anguish and anxiety in the future."

The suit also says Aguillard has incurred medical expenses. He is suing for lost wages, earning capacity and benefits.

Aguillard claims the railway is liable for his damages because the company negligently failed to provide him with the proper equipment and failed to spray for bugs.

He is demanding a trial by jury, and is represented by Beaumont attorney Gilbert Adams, Jr.

[Hoydie17]

Can you spell F-R-I-V-O-L-O-U-S ? 

I feel bad for the guy, but geez, why is it the railroad's responsibility to inform him about biting insects when EVERYONE knows or should know that insects that bite and sting are everywhere? 

[nscnotp1]

I agree with you Sean. The railroad is not responsible for things like this. Heck maybe he should try letting two dozen mosquitoes have a buffet on you in Wisconsin like they did to me a few summers ago while visiting in-laws at Lake Geneva.

[R Federle]

I cant believe this. So I guess now the Employer must notify the Employee that there is an ever present danger of:

Insect stings and / or bites
Splinters
Stubbing of toes with and without Steel Toed Shoes
Sunburn
Hang nails
Hitting thumb with hammer
Sweating
Etc., Etc.

And the list of disabling injuries such as these goes on and on. Where does it stop?

Just when you think you have heard it all.

Robert Federle

[conrail kid]

that is as bad as the judge suing for 65 million dollars over a pair of lost pants.

[Michael Knight]

The article says the plantiff is requesting a trail by jury. Well, in Tennessee, lawyers handling civil cases (ones which have much more substance than this, I might add) usually find it in their clients' best interest to settle out-of-court. Juries here are noted for their very ultra conservative judgements- even when there is a death involved!

Anyway, sometimes track workers are overcome by swarms of stinging insects. Several different types are know to make nests in railroad ties.

[E.M. Bell]

Several years on the LXOH, I was working as the ground pounder for the day, and we stopped to switch a customer that we didnt work very often. I swung down off the jack as my engineer pulled by slowly, and headed for the switch. About the time i got my key in the old adlake lock, a swarm of somthing pissed off and brown was all over me. Turned out there was a nest of wood hornets in the end of the switch ties, and those suckers tore me up. I ran back and got on the engine with great haste and some of them followed me. Engineer went out the back door and we both wound up with some nasty stings...

That night, my wife counted over twenty stings on my back and neck alone....gee, I could have been a millionaire.

[nscnotp1]

Now if this dude who is suing his employer knew about your situation Emmett, he could've let it go.
But of course that is not happening. The company does not have any control over nature, so it is not their responsibility to enforce any rules to their employees.

I don't think this fella knows that if you try to control nature, it may come back to haunt you.

[R Federle]

Buddy wrote:
"try to control nature, it may come back to haunt you"

OR Bite you...and you know where.

Robert Federle

[Hoydie17]

I got bit by a spider a couple days ago, and it caused a rash maybe I'll go sue the company that built my house 12 years ago. 

After all, they never told me that spiders might be living in my house, buncha crooks!