Injured refinery worker compels discovery from BP

John Suayan, Galveston Bureau Dec. 13, 2011, 6:22am

GALVESTON - Asserting BP Products North America Inc. and Keith Casey have "refused to cooperate" in resolving a discovery issue, Mateo Espinosa has filed a motion to compel discovery responses.

Espinosa is suing BP and Casey after he was injured while working at the respondents' Texas City facilities.

His original petition, filed last May 10 before the Galveston County 10th District Court, alleges a pipe struck him and inflicted injuries to his head and right shoulder on June 9, 2010.

The suit shows Espinosa was working at the plant and was instructed to help other workers move a 40-foot pipe that was hanging from the work area and sustained by cables when the incident in question occurred.

The 26-page motion explains that he propounded interrogatories and requests for production on the defendants, who, in turn, provided responses to his discovery requests.

Espinosa claims "these responses and answers were improper, unresponsive and lodged with unfounded objections."

He tried to reach the opposing counsel so the issues could be resolved to no avail.

"Even though the plaintiff's requests were proper, the defendant refused to comply with the rule and served objections to avoid discovery that is clearly authorized under the discovery rules," the motion says.

A request for an oral hearing was also filed.

Case No. 11-cv-765

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