This Just In: Recent civil suits filed in Jefferson County District Courts

David Yates Mar. 27, 2008, 5:43am

March 19

  • Crispin Chavez vs. David Gracedel Custom Homes

    PA - Pat McGinnis, J � Milton Shuffield

    Claiming he was "rushed" by his employer, Crispin Chavez crushed his finger with a sludge hammer while tearing down 2x4 boards. Chavez is suing David Gracedel Custom Homes for failing to provide him with a safe place to work. Chavez is suing for past and future pain, mental anguish, impairment, medical expenses, lost wages, loss of enjoyment of life and compensatory damages.

    Case No. D181-450

  • Cori Cumer vs. Allstate Insurance Co. et al

    PA � Christopher Smith, J � Donald Floyd

    On March 20, 2004, Cumer was a passenger in her husband's vehicle which was traveling on Highway 87 near Crystal Beach. The vehicle she was riding in had come to a stop and was rear-ended by another vehicle, injuring Cumer. Not fully recovered from her first accident, Cumer was injured in a second automobile collision on Feb. 14, 2005. She is suing Allstate, claiming she is owed compensation for her bodily injuries under her husband's policy with Allstate.

    Cumer is suing for more than $100,000 in damages.

    Case No. E181-452

  • Mari Gomez Parham vs. Karah and Nancy Kuecker

    PA � Stephen Williams, J � Milton Shuffield

    Parham is suing the defendants for more than $50,000 for an automobile collision they allegedly negligently caused on March 28, 2006. The plaintiff was traveling northbound in the 9000 block of the Eastex Freeway when she was struck from behind by the defendants.

    Case No. D181-453

  • Allison Barlow et al vs. L&M Freight, Inc. and Antonio Crespo

    PA � Clay Dugas, J � Gary Sanderson

    On Sept. 30, 2007, Barlow, her minor daughter and Roxanne Homuth were travelling on the 7-block of Interstate 10 when they were struck by a L&M 18 wheeler driven by Crespo. The truck had switched lanes, side-swiping and injuring the plaintiffs. The plaintiffs allege Crespo negligently failed to control his vehicle and keep a proper lookout and L&M was negligent for hiring Crespo.

    The plaintiffs are suing collectively for around $100,000 in damages.

    Case No. B181-454

  • Garth House et al vs. Lexington Insurance Co. et al

    PA � Eric Edwardson, J � Milton Shuffield

    House, who owns multiple properties in Southeast Texas, has filed suit against Lexington and its subsidiaries and agents, claiming the defendants have refused to pay the majority of his policy claim, which was submitted following Hurricane Rita. House is alleging the defendants are guilty of several violations of the Deceptive Trade Practices Act and Texas Insurance Code.

    He is suing for exemplary, actual and economic damages.

    Case No. D181-456

  • Lillie Perkins et al vs. Dr. Stephen LaMendola

    PA - Trenton Bond, J � Gary Sanderson

    Inflicted with lung cancer, Archie Perkins, Jr. underwent surgery last July only to die on the operating table. Perkins' family claims the attending surgeon, Dr. Stephen LaMendola, botched "a relatively simple procedure" and "contributed to Perkins death," filing suit against Dr. LaMendola. The plaintiffs are seeking to recover wrongful death damages for past and future loss of companionship and society, mental anguish, pecuniary loss including loss for care, maintenance, support, services, advice, counsel, pecuniary contributions and loss of inheritance.

    Case No. B181-458

  • Michael Voivedich vs. Aztec Marine Agencies, Inc. et al

    PA � Trenton Bond, J � Bob Wortham

    Voivedich is suing Aztec Marine and its truck driver Christopher Asta, who allegedly negligently caused an automobile collision on June 20, 2007. The suit does not state where or how the incident occurred; it only states that Asta was negligent for causing the collision and Aztec Marine was negligent for entrusting a vehicle to him.

    The plaintiff is suing for past and future mental anguish, medical expenses, lost earnings, impairment, disfigurement, emotional distress and loss of enjoyment of life.

    Case No. A-181-460

  • Elizabeth Manning vs. Beaumont Independent School District et al

    PA - Trenton Bond, J - Bob Wortham

    Elizabeth Manning has filed suit against the Beaumont Independent School District and one of its bus drivers, who allegedly negligently caused an automobile collision back in December 2006. The suit claims BISD's bus driver, Natalie Tillman, caused personal injuries to Manning by driving "recklessly and carelessly." Manning is suing for past and future pain, mental anguish, impairment, disfigurement, medical expenses, lost wages, loss of enjoyment of life and compensatory damages.

    Case No. B181-461

    March 20

  • Tammy Johnson vs. Lorenzo Sampson

    PA � Trenton Bond, J � Bob Wortham

    On Aug. 24, 2006, Dr. Sampson performed a laparoscopic cholecystectomy on Johnson to remove her gall bladder at Cleveland Memorial Hospital. During the surgery, Dr. Sampson "negligently clipped the ducts leading from the liver so close to the liver that it would not let bile pass, forcing bile to back up into Plaintiff's liver, causing her severe pain and life threatening injuries."

    Johnson is suing for past and future, conscious pain and suffering, lost earning capacity, medical care, physical impairment, and physical disfigurement.

    Case No. A181-469

  • Sandra Strother vs. Pat Hotel Corp. (Holiday Inn)

    PA - Justin Sanderson, J - Donald Floyd

    According to a new suit filed in Jefferson County, Holiday Inn is negligent for allowing people to walk around in its lobby and should have warned plaintiff Sandra Strother of the "dangerous condition" before she entered the hotel. The suit does not say if the glass was cracked, or if it was wet. In fact, the suit does not say how Strother was injured or why exactly the hotel is negligent. She is suing for past and future medical expenses, pain, mental anguish and impairment.

    Case No. E181-467

  • Rigoberto Torres vs. Leticia Castillo and Rafel Sanchez

    PA � David Starnes, J � Donald Floyd

    On Sept. 2, 2007, Torres was driving eastbound on Laurel Street in Beaumont when he was hit by Castillo, who had allegedly made an unsafe lane change. The suit also alleges Sanchez had "negligently" lent his vehicle to Castillo.

    The plaintiff is suing for past and future mental anguish, medical expenses, lost earnings, impairment and disfigurement.

    Case No. E181-468

    March 24

  • J.Elliott Custom Builders, Inc. vs. J.C. Penney, Inc.

    PA � Bill Voss, J � Gary Sanderson

    J.Elliott Custom Builders, Inc. has filed suit against J.C. Penney and Royal Seal, Inc. claiming the defendants in the suit received extensive repair and remodel services to J.C. Penney's Central Mall and Parkdale Mall locations without compensating Custom Builders in return. The plaintiff is seeking $310,000 in actual damages plus exemplary damages.

    Case No. B181-472

  • Willis Gordon vs. George Potts Jr. and Ray Bellew & Sons Inc.

    PA � Paul Higdon, J � Milton Shuffield

    Gordon, an Angelina County resident, was injured in an automobile collision while he was in Harris County when Potts struck him. Potts was driving a Ray Bellew & Sons truck, which is a Houston business. Potts is a Port Arthur resident. The suit says Potts was negligent for causing the collision and the company was negligent for entrusting a vehicle to him.

    The plaintiff is seeking more than $100,000 in damages.

    Case No. D181-474

  • American Casualty Co. vs. Charlton Hornsby et al

    PA - Jeffrey M. Lust, J - Donald Floyd

    After a TJ Maxx employee received $143,430.11 in worker's compensation for a slip and fall at work, she sued the janitorial service who mopped the floor and caused the slippery condition and received an additional settlement. As soon as American Casualty, the company who paid Pauline Barnett's worker's comp claim, learned of Barnett's janitorial settlement, it contacted Beaumont attorney Charlton Hornsby, the lawyer who handled Barnett's case, and requested to be reimbursed under Texas Labor Code No. 417.002. To date, American Casualty's requests have gone answered, leaving the insurance carrier with only a legal recourse.

    Case No. E181-475

  • Ruth McCall et al vs. Chrysler LLC

    PA - Thomas McElroy, J � Gary Sanderson

    Traveling late at night with her granddaughter, Ruth McCall, 76, says her rented Dodge truck "suddenly showed a lack of stability and went out of control" causing the vehicle to rollover and slide across Highway 73 � finally stopping upside down in the median. McCall claims Chrysler manufactured and sold a faulty 2007 Dodge Ram 1500 pickup truck and is suing the automobile company for $400,000 in medical expenses alone. Her husband, Clarence McCall, is also a plaintiff in the suit, claiming he has suffered a loss of consortium.

    Case No. B181-476

  • Justin Jackson vs. Don Stickley

    PA � Clay Dugas, J � Milton Shuffield

    On March 5, 2007, Stickley allegedly turned left in front of Jackson's vehicle, negligently causing an automobile collision. The plaintiff says the defendant's negligence was a proximate cause of his injuries and is suing for past and future mental anguish, medical expenses, lost earnings, impairment and disfigurement.

    Case No. D181-477

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