Injured workers says Chevron should have warned of crossing cyclists

David Yates Jun. 6, 2007, 9:00am

A contracted worker for the Port Arthur Chevron refinery, Joel Hernandez was riding his bike when a plant truck allegedly ran a stop sign and struck him. He is suing the company for failing to post biking crossing signs.

Hernandez filed a personal injury against Chevron U.S.A. and its subsidiaries with the Jefferson County District Court on June 4. Judge Milton Shuffield, 136th District Court, will preside over the case.

According to Hernandez's original petition, the incident occurred on Aug. 4, 2006, during his employment with X-Serv, Inc. The company had been contracted by Chevron to perform work at the Port Arthur plant.

"Hernandez was lawfully riding his bicycle through the crosswalk on defendants' premises when a truck ran a stop sign and struck plaintiff, causing him to fall off his bicycle and sustain sever bodily injuries to his leg, knee, back, hip and body generally," the suit said.

Since he was a contracted employee, the suit says Chevron owed him a duty to protect and safeguard him. "Plaintiff further alleges the defendants�negligently created and permitted (the dangerous condition to exist)."

The suit faults Chevron with failing to provide a safe place to work, failing to warn him, and failing to provide adequate signs to warn drivers that "persons riding their bicycles may be crossing in the crosswalk."

Hernandez is suing for past and future medical expenses, physical pain and mental anguish.

He is demanding a trial by jury, and is represented by attorney Barry Bennett of the Eddins & Bennett law firm.

Case No. D179-436

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