Final defendant dismissed from wrongful termination suit

John Suayan, Galveston Bureau Oct. 25, 2011, 4:47am

GALVESTON - A local visiting judge recently dismissed the last of two defendants in a $500,000 lawsuit alleging wrongful termination.

Judge Roy Quintanilla dismissed Christina M. New from Terry L. Mitchell's suit and disposed the year-old case on Oct. 11.

Mitchell sought legal action in September 2010 in response to his firing from BMS Catastrophe Inc.

Court papers filed at the time explain that the plaintiff was involved in a wreck with New while he rode in a BMS-owned vehicle on Oct. 19, 2008.

The suit states BMS required employees to ride in company vehicles operated by their coworkers and prohibited them from driving their own vehicles to and from the actual work sites.

According to the suit, the BMS vehicle carrying Mitchell was abruptly and violently struck by another vehicle.

The plaintiff asserts the company's handpicked driver was not qualified for the task and blames New for the collision.

He subsequently attempted to pursue an injury claim, but the defendant terminated him upon learning of the request, the suit says.

BMS and New each submitted formal responses to Mitchell's allegations.

Galveston County 212th District Court Judge Susan Criss dismissed BMS on March 16.

Case No. 10-cv-3751

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