Adobe Equipment non-suited in forklift injury case

David Yates Feb. 23, 2011, 3:23am

Adobe Equipment Holdings was recently non-suited by plaintiff Mark A. Davis, who sued the company after losing four fingers when a forklift chain crushed his hands.

According to the lawsuit, filed May 13, 2009, in Jefferson County District Court, on Jan. 29, 2008, Davis, a Parker Lumber employee, was working in Port Bolivar. He was operating a Caterpillar forklift moving wire mats when the machine's chain became dislodged.

"Upon attempting to place the chain back into place, the forks suddenly moved and plaintiff's hands were caught up in the chains," the suit states. "As a result, plaintiff lost all four fingers on his right hand and injured his left hand."

On Oct. 4 a notice of non-suit was filed, stating that David "no longer desires to prosecute" his case against Adobe Equipment, dismissing the defendant with prejudice.

Davis was suing for past and future mental anguish, medical expenses, pain and lost earnings, plus all court costs.

He was represented in part by Beaumont attorney Dan Ducote of the Moore Landrey law firm.

Houston attorney Randy Fairless of Johanson & Fairless represented Adobe Equipment.

Judge Donald Floyd, 172nd Judicial District, presided over the litigation.

Case No. E184-063

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