Fall from ladder at Motiva leads to suit

David Yates Jul. 18, 2007, 11:58am

While climbing a ladder, Patrick Kennedy claims he was "overwhelmed by exhaustion and fumes," causing him to fall and injure himself. He is suing Connex International Inc. and Motiva Enterprises for "failing to provide (him) with proper training and supervision."

Provost Umphrey attorney Ed Fisher filed the suit on Kennedy's behalf with the Jefferson County District Court on July 16.

According to the plaintiff's original petition, on Feb. 5, 2006, Kennedy, a Labor Ready employee, was working with Connex as a temporary employee at the Motiva refinery. Kennedy was attempting to climb a rope ladder out of a vessel "when he was overwhelmed by exhaustion and fumes and fell from the ladder some considerable distance, severely injuring himself."

"The ladder at issue was owned by Connex and the premises and vessel were owned by Motiva," the suit said. "Motiva had actual knowledge of the condition of the ladder that was being used by Connex at the time of the incident."

The suit faults the defendants with negligence for failing to protect Kennedy from the fall, supervise him and provide him with the proper equipment and failing to enforce safety policies.

Kennedy is suing for past and future physical pain, mental anguish, disfigurement, physical impairment, medical expenses, lost wages, plus all court related costs.

Presiding over the case is Judge Milton Shuffield, 136th Judicial District.

Case No. D179-671

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