Motorcycle rider claims amputation due to mower traveling wrong way

John Suayan, Galveston Bureau May 27, 2009, 8:22am

GALVESTON � After an alleged collision with a tractor lawn mower at an intersection in Santa Fe two years ago, a Galveston County man is suing a number of businesses

Dustin Ray Harvey believes Lansdowne Moody Co., Integrity Pipeline Services LLC, Dow Chemical Company and other entities bear responsibility for the May 21, 2007, accident that resulted in the amputation of his leg.

His suit, which was filed on May 20 in Galveston County District Court, alleges that the mower was cutting grass on property owned by companies and was being driven the wrong way along Cemetery Road.

The piece of machinery then connected with Harvey, knocking the plaintiff off his 2002 Suzuki motorcycle.

"The plaintiff was thrown from his motorcycle and his leg was almost completely severed from his body," the original petition states. "But for the immediate action of bystanders, the plaintiff would have died at the scene from severe blood loss."

Harvey was rushed to the University of Texas Medical Branch in Galveston where he "endured over 30 hours of surgery and had enough blood transfusions to replace the entire volume in his body two times," the suit states.

"The infection which ensued, as a result of the accident and the severe injuries, left Mr. Harvey in the ICU, close to death, for more than two weeks."

Physicians had to remove the plaintiff's leg to approximately six inches below the hip.

Harvey insists he had the right of way.

"Nothing the plaintiff did, or failed to do, caused the occurrence in question," the suit says.

It faults Lansdowne Moody for entrusting the mower to Integrity Pipeline and Industry Pipeline Solutions USA LLC.

The writ of respondeat superior was consequently evoked against both companies and employees Charlie Faye Rogers, Monte L. Burton, Ronnie J. McNorton and James Kevin Taylor.

The suit implicates Taylor as the driver of the mower, stating he failed to observe traffic laws.

Lastly, it blames Dow Chemical, Buckeye Gulf Coast Pipeline LP, Seadrift Pipeline Corporation, and UCAR Louisiana Pipeline Company for improperly maintaining the premises where the collision reportedly occurred and negligently entering into a contract with the aforementioned defendants.

Harvey seeks actual, compensatory, and exemplary damages for pain and suffering, disfigurement, impairment, mental anguish, missing wages, and mounting medical expenses.

Houston attorneys Tobias J. Cole and Mark O. Midani are representing the plaintiff.

Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Case No. 09CV0766

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