Motiva non-suited from wrongful death suit

David Yates Dec. 14, 2011, 9:48am

Several defendants in a wrongful death suit were recently non-suited by the plaintiff.

As previously reported, plaintiff Lucy Lopez, representing the estate of Martin Lopez, filed suit in June 2010 against Motiva and Bo-Mac Contractors, alleging her late husband was alone at work when he suffered a heart attack and fell into a hole full of mud and water.

Betchel Corp., Jacobs Engineering and Willie Foster III were later added as defendants.

Court records show that Lopez was working for Bo-Mac Contractors on Motiva's premises when he suffered a heart attack on Nov. 2, 2009.

On Aug. 1 Motiva filed a motion for summary judgment, contending "there is no evidence that Motiva, as a property owner, exercised or retained control over the manner of Bo-Mac's or Decedent's work."

A month later, Lopez filed a notice of non-suit on Sept. 20, stating that she no longer wished to pursue her claims against all the listed defendants.

The suit faulted the defendants for negligently failing to supervise Lopez.

Houston attorney Larry Trimble represented the Lopez family.

Motiva was represented by Nicholas Baldo, attorney for the Beaumont law firm Stevens Baldo Freeman & Lighty.

Judge Bob Wortham, 58th District Court, presided over the case.

Case No. A187-206

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