ABClean granted summary judgment in suit over woman tossed by backhoe

David Yates Jan. 11, 2012, 4:18am


ABClean has been granted summary judgment in a suit filed by plaintiff Ruby Clurksy, who sued after being swung around by a backhoe.

Acting as a third-party plaintiff, ABClean filed a motion for summary judgment Jan. 4, 2011, arguing Clurksy already received worker's compensation.

A hearing on the matter was held on April 29 in Judge Donald Floyd's 172nd District Court, court records show.

On May 6 Judge Floyd granted the motion, ruling that Clurksy take nothing, court records show.

In October 2009, Ruby Clursky sued ABClean and Motiva Enterprises, alleging an ABClean employee fell asleep while operating a backhoe and accidentally lifted her off the ground.

Court records show Clursky was working for L.C. Personnel Inc. on Dec. 3, 2008, on property owned by Motiva Enterprises when the incident occurred.

"The backhoe operator fell asleep and when he woke up his jacket hung over the lever of the backhoe," the suit states.

"The backhoe then caught the Plaintiff, Ruby Clursky, and lifted her off the ground and swung her back and forth resulting in the injuries and damages complained of herein."

In its motion for summary judgment, ABClean argued that Clursky was a "borrowed employee" and that her "exclusive remedy" was the worker's compensation she received following the incident.

Clursky filed a response to the motion on Jan. 11, 2011, which contends there was no contract between herself and the company and that she had only been on site for a week and was left unsupervised.

Because of the incident, Clursky says she experienced physical pain, suffering, mental anguish, loss of earning capacity and physical impairment and incurred medical expenses.

She is represented by Tom Oxford of Waldman Smallwood in Beaumont.

Houston attorney Daniel Fulkerson of the Lorance & Thompson law firm represents ABClean.

Case No. E185-010

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