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

May 22
  • Debbie Sampson vs. Bradley McCown et al PA - James Payne, J - Bob Wortham On April 3 the plaintiff was stopped on SH 347 in Port Arthur when she was rear-ended by the defendant. The plaintiff alleges the defendant driver negligently failed to keep a proper lookout and is suing for past and future mental anguish, pain, impairment, lost wages and medical expenses, plus attorney's fees. E184-136
  • Pathan Investments vs.Texas Windstorm Insurance Association PA - Rocky Lawdermilk, J - Gary Sanderson The plaintiff is suing the insurance company and several of its agents for denying at least a portion of the plaintiff's Hurricane Ike policy claim. The plaintiff alleges the defendant is guilty of several Texas Insurance Code violations and of violating the DTPA. The plaintiff is suing for actual and consequential damages, plus attorney's fees. B184-144
  • Jimmy Morris vs.Ranchers and Farmers Mutual Insurance PA - Jason Byrd, J - Gary Sanderson The plaintiff is suing the insurance company and several of its agents for denying at least a portion of the plaintiff's Hurricane Ike policy claim. The plaintiff alleges the defendant is guilty of several Texas Insurance Code violations and of violating the DTPA. The plaintiff is suing for actual and consequential damages, plus attorney's fees. B184-145
  • Kimber Wolford vs. James Kirby PA - Giles Kibbe, J - Gary Sanderson A Beaumont woman has filed suit against her doctor, alleging she needlessly endured pain for almost a year and a half because her doctor failed to fully remove her uterus during a hysterectomy. Kimber Wolford claims she was a patient of Dr. James Kirby's from 1995 until November 2008. During her treatment, Wolford experienced persistent and significant problems with endometriosis and pelvic pain, according to the complaint filed May 22 in Jefferson County District Court. Because of her problems, Wolford underwent multiple surgical procedures, including a laparoscopically assisted total vaginal hysterectomy for endometriosis on May 23, 2007, the suit states. "The surgery was performed to finally rid her of all such problems with her ovaries and endometriosis," the suit states. However, Wolford continue to experience significant pain for 17 months after the surgery, the complaint says. In October, Kirby diagnosed Wolford with a cyst that had formed on a portion of one of her ovaries that was not removed during her hysterectomy, according to court records. "Because Dr. Kirby failed to remove Mrs. Wolford's ovary, she continued to experience these problems and endured 17 months of physical pain and mental anguish; and she was required to undergo another unnecessary and painful surgery and rehabilitation process," the suit states. B184-146 May 26
  • Blanch Comeaux vs.State Farm Lloyds PA - Steve Mostyn, J - Gary Sanderson The plaintiff is suing the insurance company and several of its agents for denying at least a portion of the plaintiff's Hurricane Ike policy claim. The plaintiff alleges the defendant is guilty of several Texas Insurance Code violations and of violating the DTPA. The plaintiff is suing for actual and consequential damages, plus attorney's fees. B184-148
  • Brandy Trojcak vs. Frances Butler PA - Trent Devenzio, J - Bob Wortham The plaintiff alleges the defendant ran a red light at the intersection of I-10 and College and struck her vehicle. The suit does not state when the incident occurred. The plaintiff alleges the defendant driver negligently failed to keep a proper lookout and is suing for past and future mental anguish, pain, impairment, lost wages and medical expenses, plus attorney's fees. A184-149
  • James Forholt vs. AEP River Operations PA - Matthew Shaffer, J - Bob Wortham The plaintiff is suing his employer for injuries he received on April 24. The suit, which was filed under the Jones Act, does not state how or where the incident occurred. He is suing for past and future mental anguish, pain, impairment, lost wages and medical expenses, plus attorney's fees. A184-150
  • Texas Farmers Insurance vs. Conn's Appliances PA - Ronnie Pfeiffer, J - Milton Shuffield The insurance company is suing Conn's to recover proceeds it had to pay Leigh and Mark Wilcoxson when their Conn's refrigerator malfunctioned and caused water damage to the couple's Beaumont home. The plaintiff is suing for actual and consequential damages, plus attorney's fees. D184-152
  • Ronald and Erica Williams vs. Southeast Texas Surgical Associates et al PA - Craig Lewis, J - Donald Floyd A Beaumont man has filed a medical malpractice suit against a local doctor, alleging a needle negligently left inside his body during surgery perforated his bladder. Ronald Williams claims he underwent surgery performed by Dr. Stuart Scott Kacy of Southeast Texas Surgical Associates on March 12, 2007. Court papers say that during the procedure, one of the used needles popped off the needle holder into Williams' body. Ronald Williams and his wife, Erica, filed a medical malpractice suit against Dr. Kacy and Southeast Texas Surgical Associates on May 26. According to the suit, Dr. Kacy failed to locate and retrieve the needle before closing up Williams, even though he knew the needle "could cause perforations, infections and various other medical complications." After Williams was discharged from the hospital, he claims he developed serious medical problems, including a perforated bladder that caused him to urinate fecal matter, the complaint states. Because of Kacy's alleged medical negligence, Williams claims he has suffered physical pain, mental anguish, physical impairment and physical disfigurement. He also incurred medical costs and lost his earning capacity, according to the complaint. E184-154 May 27
  • Gloria Mae Henderson English et al vs. A.O. Smith Corp. et al PA - Bryan Blevins, J - Donald Floyd An asbestos suit naming 49 defendant companies has been filed on behalf of a recently deceased man, alleging the man's asbestos-related disease was caused by company negligence. English claims Clevines Leleux developed the disease during the course of his work as an insulator, painter and laborer. A total of 49 defendant companies are named in the suit, including A.O. Smith Corp., American Cyanamid, American Optical Corporation, Ametek, Anco Insulations, A.W. Chesterton Co., Bacock Borsig Power, Bayer Cropscience, Bechtel Corp., CBS Corporation, Crane Co., Fluor Enterprises, Foster Wheeler, GE, Ingersoll Rand, Uniroyal Goodrich Tire and Zurn Industries. English alleges the defending companies failed to adequately Leleux of the dangers of asbestos exposure, according to the lawsuit. She claims the companies also negligently failed to test the products to determine hazards associated with them and failed to remove their products from the market. The plaintiffs allege the asbestos-related disease caused Leleux to experience physical pain, suffering, mental anguish, lost wages, loss of earning capacity, disfigurement and physical impairment. In addition, Leleux's family incurred medical costs and funeral bills, they claim in the lawsuit. E184-157
  • Charles Reneau vs.Texas Windstorm Insurance Association PA - Tom Kiehnhoff, J - Gary Sanderson The plaintiff is suing the insurance company and several of its agents for denying at least a portion of the plaintiff's Hurricane Ike policy claim. The plaintiff alleges the defendant is guilty of several Texas Insurance Code violations and of violating the DTPA. The plaintiff is suing for actual and consequential damages, plus attorney's fees. B184-159 May 28
  • Michael Barrera vs.Texas Windstorm Insurance Association PA - Will Merlin, J - Gary Sanderson The plaintiff is suing the insurance company and several of its agents for denying at least a portion of the plaintiff's Hurricane Ike policy claim. The plaintiff alleges the defendant is guilty of several Texas Insurance Code violations and of violating the DTPA. The plaintiff is suing for actual and consequential damages, plus attorney's fees. B184-166
  • Janah Jett vs. Olivia Serio PA - Jonathan Juhan, J - Milton Shuffield On June 15, 2007, the plaintiff was traveling on Phelan and had stopped at a red light when she was rear-ended by the defendant. The plaintiff alleges the defendant driver negligently failed to keep a proper lookout and is suing for past and future mental anguish, pain, impairment, lost wages and medical expenses, plus attorney's fees. D184-169
  • Polly Williams vs. Jacqueline Wise PA - Jonathan Juhan, J - Milton Shuffield On June 7, 2007, the plaintiff was traveling on Corley Street when the defendant allegedly ran a stop sign and struck her vehicle. The plaintiff alleges the defendant driver negligently failed to keep a proper lookout and is suing for past and future mental anguish, pain, impairment, lost wages and medical expenses, plus attorney's fees. D184-170
  • Kathy Hardy vs.Voyager Indemnity Insurance Co. PA - Steve Mostyn, J - Donald Floyd The plaintiff is suing the insurance company and several of its agents for denying at least a portion of the plaintiff's Hurricane Ike policy claim. The plaintiff alleges the defendant is guilty of several Texas Insurance Code violations and of violating the DTPA. The plaintiff is suing for actual and consequential damages, plus attorney's fees. E184-171 May 29
  • Alan Lundmark vs. Texas Mutual Insurance Co. et al PA - Ethan Shaw, J - Donald Floyd A Beaumont man claims an insurance company wrongfully denied his workers' compensation claim after investigation by one of its adjusters. Alan Lundmark says Texas Mutual Insurance Co. wrongfully denied and delayed payment of workers' compensation benefits. According to the complaint, Texas Mutual denied his claim after adjuster Mary D. Vavrine investigated the claim. The complaint does not specify the nature of the claim or why the claim was denied. Because of the insurance company's denial, Lundmark claims he suffered mental anguish, a loss of physical capacity, loss to his credit reputation, economic calamity, loss of consortium and loss of opportunity for healing. He is seeking actual damages, plus attorneys' fees, pre- and post-judgment interest, costs and other relief to which he may be entitled. E184-177
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