Windblown papers lead to injury, suit against Motiva

Kelly Holleran Jul. 7, 2009, 10:00am

James Payne

A Jefferson County woman has filed suit against a local refinery, alleging she fell on its property while running after dropped papers.

Terri McMillan says she was working at Motiva Enterprises in Port Arthur on Dec. 1 when she slid down an embankment while attempting to retrieve tickets that had flown from her grasp.

"Because Terri McMillan was performing a required duty of her job, the defendant owed her the same duty to an invitee to exercise ordinary care to warn the Plaintiff, or make reasonably safe, of a dangerous condition about which Defendant knew or should have known, and not to injure Plaintiff through willful, wanton, or grossly negligent conduct," the suit states.

Because of her fall, McMillan suffered a tear in the right knee, pain to both her legs and lower back strain, plus she incurred medical expenses, according to the compliant. She also suffered severe physical impairment, loss of earning capacity and disfigurement, the complaint says.

The suit alleges that Motiva Enterprises failed to maintain its premises in a safe condition, failed to inspect its premises for hazardous conditions, failed to warn McMillan of the hazardous conditions and failed to eliminate the dangerous conditions.

McMillan is seeking actual and special damages, plus costs, pre- and post-judgment interest and other relief to which she may be entitled.

James E. Payne and Jennifer Job Seale of Provost Umphrey Law Firm in Beaumont will be representing McMillan.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Jefferson County District Court case number: D184-401.

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