David Yates Mar. 5, 2012, 8:16am
For the second time, an agreed motion for continuance has been granted in a suit alleging the defendant dropped a boat on a worker's leg.
As previously reported, Ricky Alan Hill filed suit against James McKellar on Aug. 23, 2010, in Jefferson County District Court, claiming McKellar hired him to clear land in Nome.
Court records show that on June 21, 2011, an agreed motion for continuance and motion for entry of discovery control plan was filed in the case, asking the court to remove the case from the October docket and place it on the April docket.
Three days later, Judge Bob Wortham, 58th District Court, granted the motion for continuance, which stated that the more time was needed for discovery, court papers say.
On Feb. 16 a second agreed motion for continuance was filed, once again stating that the parties still needed more time for discovery, court records show.
Judge Wortham granted the second motion on Feb. 24, giving the case a special trial setting for June 11.
Court records show that McKellar didn't answered Hill's amended petition until April 15, 2011. The answer asserted that Hill was an independent contractor who was not under his supervision.
McKellar did not answer the first suit. The petition was amended and reserved on March 17, 2011, court papers say.
According to the complaint, the incident occurred when Hill tried to help move a boat on McKellar's land.
"Chris McKellar pushed the boat and a landing gear failed," the suit states. "The boat fell on Ricky Alan Hill trapping him underneath."
Because of the incident, Hill had to undergo surgery to fix his left leg and experienced physical pain, suffering and anguish, the complaint says.
Hill seeks a judgment within the jurisdictional limits of Jefferson County District Court, plus pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and other relief the court deems just.
Scott Renick of Beaumont represents him.
Germer Gertz attorney James Henges of Beaumont represents McKeller.
Case No. A187-726