Granted: ExxonMobil's motion to designate responsible third party

David Yates Nov. 2, 2011, 10:13am

Last August, plaintiff Christopher Waldon sued ExxonMobil, alleging the company failed to warn him to use "a higher standard of care when loading and unloading" pipes.

On Oct. 17 Judge Donald Floyd, 172nd District Court, granted ExxonMobil's motion to leave to designate responsible third party, which designated Waldon's employer, Jacob's Field Services North America, as a responsible third party.

Court records show that on Sept. 7, 2009, Waldon was loading and unloading pipes at the Beaumont ExxonMobil facility car wash area "when he was struck by pipes, resulting in severe injuries."

In his original petition, Waldon claims ExxonMobil was negligent for "entrusting" the task "to unqualified and incompetent persons" and for not warning him to use a "higher standard of care," court papers say.

However, according to ExxonMobil's motion, Jacob's Services controlled the car wash area.

"Therefore, to the extend there was an unsafe condition or negligence that caused Waldon's alleged incident ... it was the negligence of Jacobs or its employees," the motion states.

Waldon is suing for his alleged mental anguish, loss of enjoyment of life, medical expenses and lost wages.

His wife, Nekia, is also suing for her mental anguish and loss of consortium.

On March 9 plaintiff's attorney James Payne of Provost Umphrey filed a motion to enroll additional counsel.

That same day, Judge Floyd signed an order designating Ronnie Turner Jr. as a co-counselor for Waldon, court papers say.

ExxonMobil is represented by Nathan Brandimarte, attorney for the Beaumont law firm Orgain Bell & Tucker.

Case No. E187-497

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