Parties a no-show in scaffold injury hearing

David Yates Jun. 14, 2010, 9:58am

The judge had his black robe ready to go, but neither the plaintiff nor defendant bothered showing for a scheduled hearing on Monday.

As the Southeast Texas Record reported in April 2007, Encarnacion Perez Jr., a Total Petrochemicals Refinery employee, sued United Scaffolding for improperly constructing the scaffold that collapsed while he was dismantling it.

A hearing on a motion to compel discovery was slated to be held June 14 in Judge Bob Wortham's 58th District Court, but neither party showed or even called, a court official told the Record.

The hearing was requested by attorney Todd Atton, who represents defendants Elizabeth and Leonard Thompson.

No motion was on file in the Jefferson County District Clerk's office and no rehearing has been slated.

Court records show that Perez was instructed to assist other workers in dismantling a scaffold at the Port Arthur refinery on Oct. 3, 2006.

He took his position and latched his harness to the scaffold. A worker above him stepped onto a runner, which immediately gave way, court papers say.

"This worker fell onto plaintiff causing him to be thrown off the scaffold," the suit said, adding that Perez hit his head and was knocked unconscious.

In his suit, Perez says his employer investigated the incident and concluded the scaffold was improperly constructed by the defendant. Specifically, the right angle joints were loose.

He is suing for physical pain and suffering in the past and future, mental anguish in the past and future, lost wages, loss of earning capacity, physical impairment in the past and future, and past and future medical expenses, the suit said.

Perez is represented by attorney Christopher Dean of the Williams Bailey Law Firm.

Case No. A179-159

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