Plaintiff non-suits after Motiva files for continuance in injury suit

David Yates Mar. 15, 2011, 6:00am

Twelve days after filing a motion for continuance in a suit alleging it was responsible for a man's crushed hand, Motiva Enterprises was non-suited by plaintiff Ron Cushing.

As previously reported, Cushing filed suit against JE Merit Constructors on Jan. 26, 2009, in Jefferson County District Court, alleging his hand was crushed because of a strap that was the "wrong color."

Motiva was later added as a defendant in September, after JE Merit received summary judgment in its favor, court records show.

According to his petition, Cushing tried to fix the strap on Nov. 3, 2008, that was "supposed to be red but was instead green."

"The strap was too short and got jammed," the suit states. "Plaintiff turned around to try to fix the strap with his hand and his hand was crushed."

On Feb. 11 Motiva, who was to set to go to trial in March, filed a motion for continuance, arguing that the March trial setting was for the original defendant.

But before Judge Donald Floyd, 172nd District Court, could make a ruling, Cushing non-suited Motiva on Feb. 23, stating he no longer wished to pursue his claims against the company.

Cushing was suing for his medical costs, physical impairment and disfigurement and lost wages.

Brent M. Cordell of Smith and Hassler in Houston represents him.

Motiva is represented by Houston attorney Nicholas Baldo.

Case No. E183-119

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