Lawsuit against UTB in finger injury closed

BROWNSVILLE — The lawsuit of a man who accidentally amputated several fingers while using a table saw on the UTB-TSC campus in 2008 has been dismissed without him recovering damages or reimbursement for medical expenses, according to court records.
Jesus Ramos filed the lawsuit Jan. 7, 2010, stating that he was injured March 17, 2008, while cutting plywood in a workshop at the International Technology Education and Commerce Center (ITECC), court records indicate.
The case was closed on Feb. 1 after a Texas appellate court reversed a lower court’s order, according to records at the Cameron County district clerk’s office.
Transcripts from the case show there was much discussion about whether there was a guard on the saw that Ramos used and the manner in which he used it. He had begun school in January 2008 to earn a certificate.
The appellate court said it based its decision, in part, on the fact that Ramos accused the school of failing to act, but a tort law provision does not hold the state responsible for failure to act but only for negligence in regard to tangible property or its condition.
In court documents, the UTB legal counsel wrote that the school’s property did not cause the injury, that Ramos was not instructed to use the saw without a guard and that the guard was not an integral safety component of the saw.
Documents state that Ramos’ lawyer alleged that the instructor present was a state employee trying to conceal negligence. Ramos, through his attorney, also alleged that UTB failed to properly inspect the saw, failed to have a proper first-aid kit available, failed to provide immediate transportation to an emergency room and failed to properly handle his severed fingers, court documents show.
Ramos was asked if he had used drugs or alcohol prior to using the saw, to which he testified he had not.
The UTB attorney brought up Ramos’ criminal history when questioning him about the plywood speaker box he was fabricating in the workshop when he was injured, according to transcripts.
According to the transcript, he was asked, "Were you planing to hide drugs in the speaker box, sir?"
"No, ma’am," he answered.
According to court records, Ramos went to federal prison for smuggling undocumented immigrants in Feb. 2009 and went to Cameron County jail in 2000 when police found drugs in a vehicle he drove, including some marijuana in a stereo box.
Court records speak to the gruesome nature of Ramos’ injury when a UTB-TSC police officer spotted a blood-soaked paper towel at the scene of the accident.
"Upon retrieving the paper towel, he realized that one of the severed fingers had been left behind," the document states.
The documents also indicated Ramos’ middle finger was reattached.
According to court records, Ramos — a construction worker and occasional day laborer — drove himself to the hospital after a security guard said it was against policy to transport injured persons, although an ambulance had been called.
The records indicate Ramos received an ‘A’ in the class, but required additional credits to graduate.
According to a court transcript, Ramos could not say how much his medical bills were, but court records indicate that there was at least $4,000 worth of medical treatment and rehabilitation, but that appears to only cover a part of the later expenses, not the immediate medical care after the accident.
The records indicated Ramos intended to sue for his medical bill expenses, loss of income and mental anguish.
On Jan. 26, the 13th District of Texas Court of Appeals issued the opinion that reversed the 404th District Court of Cameron County’s decisions about the case, which in essence had said that there were grounds for a lawsuit.
The appellate court also rendered judgment in favor of UTB’s sovereign immunity, a provision that allows the state to not be held liable for negligence under certain circumstances.