Seven days into trial, R. Messner Construction settles injury claim

David Yates Feb. 9, 2011, 10:00am

Seven days deep into its trial, R. Messner Construction settled with plaintiff Donald Fowler Sr., who alleged the company was responsible for the wind blowing a steel truss off a scaffold and striking him.

The trial of Fowler et al vs. Messner Construction began Feb. 1 in Judge Milton Shuffield's 136th District Court.

Due to the recent spell of freezing temperatures, the trial was put on ice Feb. 3 and Feb. 4. Jurors resumed hearing testimony on Monday, Feb. 7.

The parties announced that they had reached an undisclosed settlement on Tuesday, Feb. 8.

Court records show Fowler, along with his wife Talena, filed suit against Messner Construction and Christian Fellowship Center on Dec. 31, 2008, in Jefferson County District Court.

Christian Fellowship had already settled prior to the start of the trial.

According to his lawsuit, Fowler was injured May 7, 2008, while working at a construction site owned by Christian Fellowship. At the time of the incident, a subcontractor working under the direction of Messner Construction employed him.

Fowler alleged an unsecured steel truss, blown off a scaffold by strong winds, landed on his head.

He was asking jurors to award him damages for his mental anguish, medical expenses, impairment and lost wages.

Beaumont attorney Timothy Ferguson represented him.

Messner Construction was represented by Thomas Sutton.

Case No. D182-955

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