K-Sea Transportation seeks to transfer benzene suit

David Yates Dec. 26, 2011, 10:40am

K-Sea Transportation has filed a motion to transfer a suit filed by seaman Devon Magill, who alleges he was exposed to benzene while serving aboard a K-Sea vessel in 2010.

As previously reported, Magill filed suit against the company on Aug. 8 in Jefferson County District Court.

Court records show that K-Sea filed its motion to transfer on Nov. 7, asserting that it is not a Texas based company and conducts no business in Texas, making jurisdiction improper in Texas.

K-Sea also takes special exception to the fact that Magill's suit does not give dates and locations of his alleged benzene exposure, court papers say.

Magill claims in his suit that he now suffers from leukemia and links the cause of the disease to his service aboard the Dublin Sea in 2010. During that time period, he served as a deckhand aboard the Dublin, which transported benzene and other chemicals across the Gulf of Mexico.

He alleges K-Sea Transportation negligently failed to train him on how not to be exposed to the benzene.

The plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Houston attorney Brian Beckcom of Vujasinovic & Beckcom represents him.

K-Sea is represented by Houston attorney James Blain of the Looper Reed & McGraw law firm.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B190-654

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