Construction worker sues Motiva for not warning him rock pile could shift

David Yates Feb. 18, 2010, 6:00am

While helping to expand the Motiva refinery, a contracted construction worker standing on a pile of limestone rocks lost his balance and fell when the rubble shifted.

On Feb. 8 Allen Frye filed suit against Motiva Enterprises, alleging the oil refiner failed to warn him that rocks shift when you stand on them.

Court papers show that on April 7 Frye, a Becon Construction employee, was working on the Motiva Port Arthur refinery expansion project when he tumbled down a ditch.

In his suit, Frye says he was told to clean up an area near an excavation site. While picking up some tools, the limestone rock beneath him shifted causing Frye to fall backwards into a deep ditch.

"The fall and resulting impact on Frye's left hip and side caused him to suffer severe injuries to his left hip and knee," the suit states, adding that Motiva should have warned him of the "dangerous condition."

The suit was filed in Jefferson County District Court. Other defendants listed in the suit include Bechtel Corp. and Jacobs Engineering Group.

Frye is represented by the Law Offices of David Thornton.

Judge Gary Sanderson, 60th Judicial District, is presiding over the case.

Frye is suing for past and future mental anguish, pain, impairment, lost wages and medical expenses, plus attorney's fees.


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