Recent filings in Jefferson County District Courts, June 13-20
Dr. Triptesh Chaudhury and American Medical Consulting, Inc. vs. Hotchkiss Insurance Agency, Inc.
PA Ã¯Â¿Â½ Clay Dugas, J Ã¯Â¿Â½ Milton Shuffield
Dr. Triptesh Chaudhury, representative of American Medical Consulting, Inc., says he retained the services of the Hotchkiss Insurance Agency and tasked the provider to obtain a policy that would protect his office against hurricane damage. After Hurricane Rita struck, Allstate denied Chaudhury's $200,000 claim, informing him the policy contained exclusions for windstorm damage. The doctor claims he made a "written demand" for windstorm and hurricane coverage Ã¯Â¿Â½ and since Hotchkiss failed to acquire the requested policy, the company is guilty of violating the Texas Deceptive Trade Practices Act and is liable to pay for the plaintiffs' compensation. The plaintiffs are seeking $200,000 in damages to the office building, $100,000 in back rent, $250,000 for mental anguish and $17,500 for attorney fees.
Case No. D179-482
Sandra Conner vs. Valero Energy Corp. and The Premcor Refining Group, Inc
PA - John Werner, J - Donald Floyd
Sandra Conner says she was "negligently" exposed to H25 gas while working for the Valero Energy Corp. and The Premcor Refining Group, Inc. Conner claims she suffered serious personal injuries to her body generally as a direct and proximate result of the defendants' negligence. She is suing for lost earnings, loss of earning capacity in the future, pain and suffering in the past, pain and suffering in the future, medical expenses in the past, medical expenses that, in reasonable probability, will be incurred in the future as a result of this accident, physical impairment, physical disfigurement, and for loss of ability to enjoy life.
Case No. E179-487
Christus Health Southeast Texas vs. Dr. Joseph Andris
PA Ã¯Â¿Â½ Larry Simmons, J Ã¯Â¿Â½ Bob Wortham
Christus Health Southeast Texas has filed a breach of contract lawsuit against the Dr. Joseph Andris, claiming the good doctor defaulted on his recruitment and loan agreement with the hospital and still owes the care provider $238, 332.12. Christus is suing for the remainder of the contract, plus interest and attorney fees.
Case No. A179-489
Richard and Carolyn Lasseigne vs. Allstate Texas Lloyds
PA - Tom Kiehnhoff, J - Bob Wortham
Groves couple Richard and Carolyn Lasseigne are the latest Golden Triangle residents to jump aboard the "sue Allstate bandwagon." Claiming Allstate Texas Lloyds failed to pay the full portion of their Hurricane Rita claim, the Lasseignes filed a deceptive trade practices lawsuit against the provider. The plaintiffs are suing for actual, economic, consequential and exemplary damages, plus interest and all court costs.
Case No. A179-510
Carmen Bickham vs. Industrial Apparatus Service Inc.
PA - Steve Parkhurst, J - Gary Sanderson
"Complications" with her pregnancy forced Carmen Bickham to leave work early. Her employer, Industrial Apparatus Service Inc., told her never to come back. Claiming she was unfairly fired for being pregnant, Bickham is suing Industrial Apparatus for sex discrimination. She is seeking back pay, plus interest. Bickham is also suing for front pay in an amount to make her "whole," emotional pain, inconvenience, mental anguish and loss of benefits.
Case No. B179-516
Clarissa Provost vs. Wells Fargo, NA et al
PA - John S. Morgan, J - Milton Shuffield
Clarissa Provost paid her insurance premiums through an escrow account at Wells Fargo. A few months before Hurricane Rita hit, her insurance had lapsed. Seeking to recover around $1 million in pecuniary relief, Provost is suing the bank for not informing her that her insurance lapsed, and is also suing her insurance provider, Capitol County Mutual Fire Insurance Co., for refusing to settle her $22,000 claim.
Case No. D179-518
Michael Aguillard vs. Kansas City Southern Railway Co.
PA Ã¯Â¿Â½ Gilbert Adams Jr., J Ã¯Â¿Â½ Donald Floyd
Aguillard, a Kansas City Southern Railway Co. employee, says he was stung by an insect while working with track materials. He is suing his employer for failing to warn him "of the risks of bug bites." According to the plaintiff's original petition, Aguillard was bitten on June 20, 2004, nearly three years ago. He faults the railway with negligently failing to provide him with a safe place to work. "As a result (of the defendants negligence, plaintiff suffered a bite/sting from an insect, an infection from that bite/sting, and injuries to his hands, arms, back and heart, including a mitral valve prolapse," the suit said. "He has sustained injuries to the soft tissues, ligaments, tendons, muscles, blood vessels of his hands, arms and back." He is seeking medical expenses, lost wages, earning capacity and benefits and damages for severe pain and suffering.
Case No. E179-524
Arnulfo & Delores Reyes vs. Baptist Hospitals of Southeast Texas et al
PA Ã¯Â¿Â½ Hart Green, J Ã¯Â¿Â½ Gary Sanderson
Reyes said he developed bed sores while a patient at Memorial Hermann Baptist Hospital Beaumont. He faults the nursing staff of the hospital and the wound care center for not meeting the standard of care and failed to guard against complications. He is seeking damages for pain and suffering, mental anguish, impairment and disfigurement. Delores Reyes is also seeking relief for mental anguish and loss of consortium. The plaintiffs are requesting exemplary damages from the defendants.
Case No. B179-531
Howell Furniture vs. Melinda James & Co. et al
PA Ã¯Â¿Â½ Walter Snider, J Ã¯Â¿Â½ Milton Shuffield
Howell Furniture says interior designer Melinda James has failed to pay for more than $100,000 worth of merchandise sold to her clients. Howell's charges the plaintiffs with breach of contract, breach of duty of good faith, fraud by nondisclosure, common law fraud, breach of fiduciary duty and breach of duty of loyalty. The furniture company seeks actual and exemplary damages, attorney fees and court costs.
Case No. D179-530
Mark McCall vs. A.O. Smith et al
PA - Bryan Blevins, J - Donald Floyd
Attorney Bryan Blevins of Provost Umphrey has filed a suit on behalf of refinery worker Mark McCall against A.O. Smith and 61 other corporations for distributing asbestos containing products.The plaintiff smoked cigareets for 36 years and has lung cancer. McCall is blaming an assortment of corporations, such as aerospace giant Lockheed Martin and iron supplier Zurn Industries, for manufacturing and distributing asbestos laced products. Medical records attached to his lawsuit state that he had a significant occupational exposure to asbestos, probably while working as a welder for various refineries from 1974 to 2006. The document also says McCall has been a cigarette smoker for most of his adult life.
Case No. D179-167
Roderick Gray vs. Costal Catering Inc. and Horizon Offshore Contractors Inc
PA - Christopher Bertini, J - Milton Shuffield
While serving as a seaman aboard the vessel Canyon Horizon, Roderick Gray tripped and feel down some stairs. Invoking the Jones Act and filing suit against his employers, Gray is claiming he tripped because of the negligence of Coastal Catering Inc. and Horizon Offshore Contractors Inc. and because of the unseaworthiness of the vessel.
Case No. D179-534