Court dismisses insurance company appeal after settlement reached

David Yates Nov. 24, 2008, 3:53am

Justices on the Texas Ninth District Court of Appeals have dismissed an appeal by an insurance company after a settlement was reached.

In late October, SeaBright Insurance Company reached a settlement with a party entangled in a lawsuit brought by Rodney Rose, who sued an oil company and an electric company after receiving a shock at work.

Rodney Rose and his wife Paula filed a lawsuit against Stoneburner-Verret Electric Company and Rose's employer Citgo Petroleum Corp. on May 10, 2006, in Jefferson County District Court.

According to court documents, on Feb. 1, 2006, Rose, a Pat Tank Inc. employee, was performing boilermaker work at Citgo's Lake Charles refinery, where he received an electric shock while working near a "defective panel box."

Rose's suit alleged Stoneburner-Verret Electric was negligent for failing to maintain the panel box.

Shortly after the suit was filed, SeaBright Insurance joined the litigation by filing a claim against Stoneburner-Verret Electric, in an attempt to recover benefits it had paid Rose.

Last month, SeaBright Insurance and Stoneburner-Verret Electric settled their dispute. A notice of non-suit was filed Oct. 16.

On Nov. 13, the appeals court issued a memorandum opinion, dismissing SeaBright Insurance's appeal.

"The appellant, SeaBright Insurance Company, filed a request to dismiss this appeal," the opinion states. "The request is voluntarily made by the appellant prior to any decision of this Court and should be granted. No other party filed notice of appeal. The request to dismiss is granted and the appeal is dismissed."

SeaBright had appealed in order to be allowed to recover damages from the Roses, Stoneburner-Verret Electric and Citgo.

The trial court judge presiding over the case is 60th District Judge Gary Sanderson.

SeaBright Insurance was represented by Henry LeBas of LeBas Law Offices.

Stoneburner-Verret Electric was represented in part by Dana Timaeus.

Trial case No. B176-978
Appeals case No. 09-08-00321-CV

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