Dropped Cable Suit Moved to Federal Court

Michelle Massey, East Texas Bureau Jan. 3, 2008, 4:22am

MARSHALL � On July 17, 2006, Jimmy Maassen, a driver for Hunt Transportation, was making a delivery to General Cable Industries in Scottsville when an employee dropped a 500-pound steel cable reel off the truck. Maassen was pinned to the cement while his wife Marcy watched.

Jimmy and Marcy Maassen are suing General Cable Corporation, arguing that General Cable is negligent through failing to provide a safe place for Maassen to offload his truck and failing to provide safe and properly trained personnel or equipment to offload the cable.

Maassen is seeking damages for past and future medical expenses, physical pain, suffering, mental anguish, physical impairment, mental pain, lost wages and wage earning capacity, loss of enjoyment of life, social and recreational judgment, loss of household services, court costs and pre-and post judgment interest. In addition to seeking damages for loss of consortium, Maassen's wife is also asserting a bystander claim.

The plaintiffs filed the original complaint in Harrison County District Court on Nov. 9.

General Cable responded in its Original Answer with a general denial to all of the allegations.

Shortly thereafter on Dec. 20, General Cable filed for Notice of Removal to the Marshall Division of the Eastern District of Texas federal court. The defendant states the federal court had jurisdiction due to complete diversity of the parties; the plaintiffs are Nebraska residents and General Cable is a Delaware corporation with its principle location in Kentucky.

Further, the defendants argue the plaintiffs are seeking more than $75,000 in damages, satisfying minimum jurisdictional amount for federal court. Although the plaintiffs' original petition does not state a specific dollar amount on damages, the defendant states the inordinate amount of many different types of damages will likely exceed $75,000.

Beaumont attorneys Pat McGinnis and Jessica L. Hallmark are representing the plaintiffs.

Judge T. John Ward is assigned to the case.

Case No.: 2:07cv00556

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