Certificate of discovery filed in wrongful death suit against Motiva

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

A certificate of discovery has been filed in a wrongful death lawsuit brought last June against Motiva and Bo-Mac Contractors.

The wife and children of the late Martin Lopez filed the suit in June 2010, alleging he was alone at work when he suffered a heart attack and fell into a hole full of mud and water.

A year later, his widow Lucy Lopez filed a certificate of written discovery on June 2, showing that she served the defendants with her first supplemental responses to their requests for disclosure.

The defendants were served through their attorney of record, Beaumont attorney Michael McGown of Benckenstein, Norvell & Nathan.

Court records show that Lopez was working for Bo-Mac Contractors on Motiva's premises when he suffered a heart attack on Nov. 2, 2009, court papers say.

"Although policy required a worker be with Plaintiff while he worked in the hole, none were around," the suit states.

"Martin Lopez fell face down in the hole where there was an accumulation of water. When Martin Lopez was found, CPR was done on him, but he later died. Mud and water was found in Martin Lopez throat and lungs, indicating he was alive and ingesting the muddy water while he attempted to breath."

The Lopez family is suing for all wrongful death damages allowable under law.

Houston attorney Larry Trimble represents them.

Judge Bob Wortham, 58th District Court, is presiding.

Case No. A187-206

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