A man and his wife have filed suit against a welding company, alleging that he suffered personal injuries while attempting to remove bottles from a metal basket at a refinery.

According to the suit filed by Jerry and Mary Weisse on May 1 in Texas’ Jefferson County District Court against New Wave Welding Technology, Jerry Weisse was employed as a pipefitter at Valero on January 3, 2008 at the time of the incident.

The suit says that New Wave had rented, sold, or leased oxygen and acetylene bottles to Valero to be used at the job site. Said bottles came in a metal basket, sometimes referred to as a six pack.

Weisse says that part of his job requirement was to step onto the six pack. However, he says, the basket did not have an adequate surface for a step and had no adequate handrails.

Weisse claims that as a result of the incident, his right upper extremity was seriously injured and he was required to undergo surgery. Though, the claim does not specify how the injury took place.

Weisse also claims to have incurred medical expenses lost earning capacity, and experienced physical pain and suffering, mental anguish, physical impairment, physical disfigurement, lost consortium, and lost household services.

The suit alleges negligence on the part of New Wave Welding Technology for breach of warranty and designing the six pack in a defective manner.

The Weisses seek unspecified damages.

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