Joint continuance motion filed in bulldozer fatality suit

David Yates Apr. 12, 2011, 4:39am

With a June trial date looming, the widow of a Standard Constructors employee and the defendants she sued as a result of his death recently filed a joint motion for continuance.

As previously reported, on behalf of Emory Bowie, Sharecka Bowie filed a wrongful death suit Aug. 19, 2008, in Jefferson County District Court against her late husband's employer, claiming the company failed to keep him from being killed while he was operating a bulldozer.

In addition to Nederland-based Standard Constructors, the suit also names Caterpillar and Mustang Machinery as defendants.

On March 31 the parties filed a joint motion for continuance, needing more time to complete discovery before the trial set for June 7, court papers say.

"The parties have initiated written discovery and completed one deposition," the suit states. "Although the parties have worked diligently tom complete all outstanding discovery ... discovery remains substantially incomplete," the motion states.

The parties are asking the court to continue the case until Dec. 5.

Court documents show that Bowie was killed Aug. 9, 2007, while operating a bulldozer at the Motiva refinery in Port Arthur.

Bowie, 25, of Port Arthur, was working on a project to reroute Alligator Bayou off Savannah Avenue.

The plaintiff is suing for survival damages, plus her husband's past and future mental anguish, impairment, lost earnings, medical expenses and disfigurement.

She is represented by attorney Curtis Leister of the Reaud, Morgan & Quinn law firm.

Standard Contractors is represented by Germer & Gertz attorney Charles Goehringer of Beaumont.

Judge Donald Floyd of the 172nd Judicial District is presiding over the case.

Case No. E182-248

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