Adhesive Services non-suited from chipping gun injury suit

David Yates Feb. 1, 2012, 8:00am

Last Friday, Adhesive Services Co. was non-suited from litigation brought by Eagan Chesser, who sued for injuries he received while operating a chipping gun.

As previously reported, the suit was filed Sept. 6 in Jefferson County District Court and also names Advantage Labor Source and ExxonMobil as defendants.

Court records show that on Dec. 13 Adhesive Services filed a motion for summary judgment, asserting that "the recovery of workers' compensation benefits is" Chesser's "exclusive remedy."

A month later, on Jan. 27 Chesser filed a notice of non-suit, dismissing his claims against Adhesive Services without prejudice, with each party to pay their own costs incurred.

Court records show that on Oct. 8, 2010, Chesser was working for Advantage Labor at the ExxonMobil plant in Beaumont. He was tearing down a concrete foundation when an Adhesive Services employee took his chipping gun to replace a spring.

"When the gun was returned to plaintiff he began working again when his chipping gun broke," the suit states. "The entire bottom piece of the gun crushed plaintiff's hand and knocked him off the seat from which he was working, causing him to land on his back."

On top of punitive damages, 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 Orville Dunk represents him.

Houston attorney Emily Somervill represents Adhesive Services.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A190-854

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