NEW ORLEANS - After severing parts of three fingers while using a table saw, an Orleans Parish man has filed a lawsuit against Sears for failing to use technology that could stop a power saw when it contacts flesh.
Johnny Spears filed suit against Sears, Roebuck and Co., d/b/a Craftsman, d/b/a Sears Holding Corp. and d/b/a Sears Brands on Aug. 14 in federal court in New Orleans.
On Aug. 20, 2011, Spears was using a Craftsman table saw and severed parts of three fingers, the suit claims. The saw at issue is a 10-inch portable table saw, Craftsman Model Number 315.218060.
The defendants are accused of negligence for allowing an "unreasonable safe condition" due to unsafe design or inadequate warnings.
Spears claims that the defendants failed to use safer technology in the saw. According to the lawsuit, there is available technology that will stop a power saw blade when it contacts human flesh.
Causes of action filed against the defendants include violations of the Louisiana Products Liability Act for failure to warn and for the lack of readily available safety devices.
The plaintiff is asking for an award of damages for physical injury, pain and suffering, mental anguish, medical expenses, lost time from work, economic losses, loss of consortium, disability, disfigurement, punitive damages, interest, and court costs.
Spears is represented by Edward J. Womac Jr. and Brian J. Branch of Law Offices of Edward J. Womac Jr. & Associates in New Orleans. A jury trial is requested.
U.S. District Judge Susie Morgan is assigned to the case.
Case No. 2:12-cv-02088