Aug. 7

  • Matthew Acklin vs. Morgan Building & Spas

    PA – March Coffield, J – Milton Shuffield

    Acklin was an employee of Morgan Building & Spas in October 2007 and claims he suffered in juries "while moving a floor for a spa deck, lifting and turning at the same time, with two other employees."

    He says the injury was caused by the negligence of the defendant and is seeking damages.

    Case No. D185-193

  • Willie Davis Jr. et al vs. Mylan Inc. et al

    PA – Keith Jensen, J – Gary Sanderson

    Agnes Davis of Port Arthur was prescribed the anti-seizure drug phenytoin in 2006. Her family claims that the drug caused a severe skin reaction that lead to Davis' death.

    Willie Davis Jr. and Alice Washington allege that 10 defendants which make and distribute phenytoin misled and failed to warn patients about the life-threatening side effects.

    The suit states Davis died after developing Stevens-Johnson Syndrome, which is a rare serious disorder of the skin that can be caused by an allergic reaction to medication.

    Plaintiffs are seeking damages for Davis' pain and suffering, mental anguish, impairment, medical and funeral expenses, punitive damages, interest, attorneys' fees and other relief.

    Case No. B182-194

  • Doris Stafford vs. Capitol County Mutual Fire Insurance Co. et al

    PA – Steven Mostyn, J – Donald Floyd

    The plaintiffs are suing the insurance company and several of its claims adjusters for allegedly refusing to pay at least a portion of their Hurricane Rita damage claim. The suit alleges the defendants are guilty of Texas Insurance Code and DTPA violations.

    The plaintiffs are suing for actual and consequential damages, plus attorneys' fees.

    Case No. E182-195

  • Elizabeth A. Turpen vs. BHH Inc. dba ReMax Nederland

    PA – Tony Malley, J – Milton Shuffield

    Turpen claims she hired ReMax to represent her in the purchase of a home in Port Neches.

    According to the suit, the house was negligently constructed and ReMax and agents Bobbie Dugas and Tonya Petix knew of the conditions of the residence.

    Turpen alleges the actions of the real estate agents constitute breach of contract, unfair practice, negligent misrepresentation, breach of warranty and negligence.

    She is seeking actual damages of no more than $360,000, interest, restitution, costs of repair and replacement, out of pocket expenses, lost time, mitigation expenses, loss in value, loss of use, incidental and remedial damages, attorneys' fees and court costs.

    Case No. D182-196

  • Blain Berry vs. Ray Winston Stewart et al

    PA – Jonathan Juhon, J – Donald Floyd

    Berry was traveling in Nome on US 90 on Sept. 14, 2006, when Stewart allegedly "slammed" into his vehicle.

    Stewart was in the course of his employment with Ramco Group LLC. According to the suit, Stewart was in a construction lane and turned right from the wrong lane, causing the negligent collision.

    Berry is seeking medical expenses, damages for physical pain, mental anguish, property damage, loss of earnings and other relief.

    Case No. E182-197

    Aug. 8

  • Pam Wagner vs. A.O. Smith Corp. et al

    PA – Bryan Blevins, J – Bob Wortham

    Plaintiff Pam Wagner filed suit against 72 corporations, alleging the companies exposed her husband to asbestos which caused his death.

    Boyd Wagner was a sandblaster and painter who worked with asbestos and asbestos-containing products.

    The lawsuit alleges that companies including American Optical, BASF, Chevron, Exxon Mobil, GE, Georgia Pacific, Goodyear, Gulf Oil, Ingersoll Rand, 3M, Diamond Shamrock, Texaco, Total Petrochemicals, Union Carbide and Zurn Industries were negligent for failing to test their dangerous products or warn of the dangers of working with asbestos.

    The plaintiff is seeking damages for physical pain and suffering, mental anguish, lost wages, disfigurement, medical bills and funeral expenses.

    Case No. A182-203

  • Caroyn Harris vs. Retail Investors of Texas, dba Market Basket

    PA – Jason Payne, J – Milton Shuffield

    Carolyn Harris alleges she was a customer at the Market Basket store on FM 105 in Beaumont when she tripped and fell in the parking lot on Aug. 11, 2006.

    She claims the store was negligent for failing to maintain a safe premises, make reasonable repairs and warn of the dangerous condition.

    She is seeking compensatory and punitive damages.

    Case No. D182-207

    Aug. 11

  • Merlin Fontenette vs. HEB Grocery Co. et al

    PA – Ken Lewis, J – Bob Wortham

    Merlin Fontenette claims the HEB employee accused him of trying to steal two steaks from the Groves store in 2007. The plaintiff said it was a case of mistaken identity.

    Fontenette said he was falsely charged and suffered embarrassment and inconvenience because the store did not attempt to verify the identity of the thief before making the criminal report.

    Only after viewing surveillance tape from the day of the incident was Fontenette cleared of the criminal charges. He has sued the store manager Sharon Rich and HEB for defamation of character and libel.

    He is seeking actual and exemplary damages, interest and court costs.

    Case No. A182-210

    Aug. 12

  • Rick Kilpatrick vs. Deli Management Inc.

    PA – Tim Ferguson, J – Milton Shuffield

    Kilpatrick claims he fell in a local Jason's Deli location because of a substance on the floor.

    He said the condition of the premises posed an unreasonable risk of harm and that the floor was in an unreasonably dangerous condition at the time of the incident.

    Plaintiff claims he has undergone extensive medical treatment for injuries to both knees.

    He seeks damages for physical pain, mental anguish, disfigurement, medical expenses, loss of earning capacity, exemplary damages, costs, interest and other relief.

    Case No. D182-213

  • Patricia White vs. Capitol County Mutual Fire Insurance Co. et al

    PA – Steve Mostyn, J – Bob Wortham

    The plaintiff is suing the insurance company and several of its claims adjusters for allegedly refusing to pay at least a portion of her Hurricane Rita damage claim. The suit alleges the defendants are guilty of Texas Insurance Code and DTPA violations.

    The plaintiff is suing for actual and consequential damages, plus attorneys' fees.

    Case No. A182-215

  • Andreana Hall vs. Capitol County Mutual Fire Insurance Co. et al

    PA – Steve Mostyn, J – Gary Sanderson

    The plaintiff is suing the insurance company and several of its claims adjusters for allegedly refusing to pay at least a portion of their Hurricane Rita damage claim. The suit alleges the defendants are guilty of Texas Insurance Code and DTPA violations.

    The plaintiff is suing for actual and consequential damages, plus attorneys' fees.

    Case No. B182-216

  • Patricia White vs. Capitol County Mutual Fire Insurance Co. et al

    PA – Steve Mostyn, J – Bob Wortham

    The plaintiff is suing the insurance company and several of its claims adjusters for allegedly refusing to pay at least a portion of her Hurricane Rita damage claim. The suit alleges the defendants are guilty of Texas Insurance Code and DTPA violations.

    The plaintiff is suing for actual and consequential damages, plus attorneys' fees.

    Case No. A182-217

  • Elton White and Patricia White vs. Capitol County Mutual Fire Insurance Co.

    PA – Steven Mostyn, J – Gary Sanderson

    The plaintiffs are suing the insurance company and several of its claims adjusters for allegedly refusing to pay at least a portion of their Hurricane Rita damage claim. The suit alleges the defendants are guilty of Texas Insurance Code and DTPA violations.

    The plaintiffs are suing for actual and consequential damages, plus attorneys' fees.

    Case No. B182-218

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