GALVESTON - A local county court judge recently granted a plea in abatement in an electric contractor's lawsuit over an allegedly defective windmill structure.
Galveston County Court at Law No. 2 Judge Barbara Roberts approved Bridlewood Construction's two-page plea on June 20, exactly two weeks after it was submitted.
Bridlewood argues that Henry Beall Enterprises Inc. filed suit against it under the Texas Deceptive Trade Practices Act without proper written notice.
The defendant is one of four named in the original petition entered last March 25 in the same court.
Bridlewood, Earth Tech Energy Systems LLC, New Frontier Structures LLC and Alvin resident Anthony Freeborn are reportedly to blame for either the design, manufacture, organization, management or supervision of an ET-20 wind/solar hybrid system which malfunctioned and damaged a vehicle belonging to one of the complainant's employees.
The plaintiff, doing business as A & H Electric, insists the product's blades sheared off and propelled through the air at high velocities.
Three of the four respondents provided original answers, one document alleging such transaction prior to the disputed incident never occurred while the other believes the complainant's own negligence was a factor.
Roberts allotted 60 days for court papers to be properly served in accordance to the TDTPA to Bridlewood.
Cause No. 64,969