Man injured while entering van rejects charge of contributory negligence

David Yates Aug. 25, 2011, 8:19am


A plaintiff injured when a van took off before he was completely seated recently filed a motion for partial summary judgment, rejecting the defendant's charge of contributory negligence.

As previously reported, Shuron Hubert filed suit against BNSF Railway and Renzenberger Inc. on Jan. 27 in Jefferson County District Court.

Court records show that on Dec. 25 Hubert, a BNSF Railway employee, entered a van owned by Renzenberger when it suddenly accelerated. Hubert was able to hang on but injured his back in the process.

Both defendants filed answers asserting contributory negligence, court papers say.

On Aug. 2 Hubert filed a motion for partial summary judgment, arguing that the discovery process has failed to unearth any evidence of contributory negligence.

Renzenberger was hired by BNSF to transport employees to a work site, court papers say.

Hubert claims the defendants were negligent and is seeking monetary and punitive damages, pre- and post-judgment interest, costs and other relief the court deems just.

Clint E. McGuire of The Law Firm of Alton C. Todd in Friendswood represents him.

The case is assigned to Judge Bob Wortham, 58th District Court.

Case No. A189-266

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