Motion submitted in case over container in roadway

John Suayan, Galveston Bureau Oct. 10, 2011, 6:41am

GALVESTON - The owner of a construction container which allegedly caused a one-vehicle accident in Texas City two years ago has filed a motion for leave to designate a responsible third party in a lawsuit.

In a six-page document submitted Sept. 19 before the Galveston County 122nd District Court, defendant Cherry Demolition Inc. moves to name Finnegan Concrete & Construction.

As previously reported, Texas City resident Harriet Toledo is suing Cherry after she collided with the container in question near the intersection of Buttonwood Drive and Vicksburg Avenue on Aug. 10, 2009, asserting the defendant left the piece of equipment in the roadway.

She also claims the container was in an unlighted area and there were no warning signs or reflective devices.

Cherry states that "Finnegan was responsible for choosing the location where the dumpster was located at the time of the incident and directed the individual who delivered the dumpster to leave it in that location."

"Further, at the time of the alleged incident, the dumpster in question was under the care, custody and control of Finnegan," the motion says.

"Therefore, to the extent that a party had a duty to warn Toledo of the location of the dumpster as alleged by Toledo, that duty belonged to Finnegan."

Coats Rose is representing the defendant.

Case No. 11-cv-148

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