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SOUTHEAST TEXAS RECORD

Friday, March 29, 2024

Summary judgment sought in wrongful death suit against TransCanada Keystone, Sunland Construction

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By DAVID YATES

A motion for summary judgment was recently filed in a wrongful death suit brought against TransCanada Keystone Pipeline and Sunland Construction.

Representing the estate of Kevin Fairman, Ralinda Fairman filed suit against the companies on Sept. 10 in Jefferson County District Court.

In May, Sunland filed a motion for summary judgment, asserting there is no evidence to support the plaintiff’s claims.

According to the lawsuit, on April 22, 2014, Fairman was working on a pipeline project controlled by the defendants near Beaumont when a piece of heavy equipment struck him, causing severe bodily injury that ultimately led to his death.

The original petition alleges the incident was caused by the negligence of the defendants but does not list any specific acts of negligence.

As of June 22, no ruling on Sunland’s motion is on file, court records show.

The company is asking that the plaintiff take nothing and that it be discharged with its costs.

The plaintiff is suing for Fairman’s medical expenses, funeral expenses, pecuniary loss, loss of consortium and mental anguish.

Nederland attorney Kent Walston, who is now judge of the 58th District Court, originally brought the claim on the plaintiff’s behalf.

Provost Umphrey attorney Paul Ferguson Jr. now represents the plaintiff.

Sunland is represented in part by Timothy Stanford, attorney for the Dallas law firm Downs Stanford.

Judge Milton Shuffield, 136th District Court, is assigned to the case.

Case No. D194-722

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