ABClean wins summary judgment in suit over woman tossed by backhoe

David Yates Jul. 28, 2011, 9:56am

ABClean recently obtained summary judgment in a suit brought by Ruby Clurksy, who sued after being swung around by a backhoe.

In October 2009 the Southeast Texas Record reported that Clursky sued ABClean and Motiva Enterprises, alleging an ABClean employee fell asleep while operating a backhoe and accidentally lifted her off the ground.

As a third-party plaintiff, ABClean filed a motion for summary judgment Jan. 4, arguing that Clurksy already received worker's compensation.

According to court records, Judge Donald Floyd, 172nd District Court, granted the motion on May 5, ruling that the plaintiff take nothing and bear all costs associated the claim.

Court records show Clursky was working for L.C. Personnel Inc. on Dec. 3, 2008, on property owned by Motiva Enterprises when the incident occurred.

"The backhoe operator fell asleep and when he woke up his jacket hung over the lever of the backhoe," the suit states.

"The backhoe then caught the Plaintiff, Ruby Clursky, and lifted her off the ground and swung her back and forth resulting in the injuries and damages complained of herein."

In its motion for summary judgment, ABClean argued that Clursky was a "borrowed employee" and that her "exclusive remedy" was the worker's compensation she received following the incident.

Clursky filed a response to the motion on Jan. 11, which contends there was no contract between herself and the company and that she had only been on site for a week and was left unsupervised.

Clursky is represented by Tom Oxford of Waldman Smallwood in Beaumont.

Houston attorney Daniel Fulkerson of the Lorance & Thompson law firm represents ABClean.

Case No. E185-010

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