Plaintiff struck in face with winch cable dismisses defendants

David Yates Mar. 12, 2012, 9:18am

Following more than two years of litigation, plaintiff Jose Cardenas has filed a motion to dismiss Murphy Exploration and Production and SBM Atlantia from his personal injury lawsuit.

As previously reported, the suit was filed Nov. 18, 2010, in Jefferson County District Court.

According to the original petition, on Nov. 26, 2008, Cardenas, a Signal International employee, was working at the defendants' Port Arthur premises as a ship feeder. While off-loading cable, a winch came loose and "struck him in the face, rendering him unconscious."

Court records state that on March 8 Cardenas filed a motion to dismiss Murphy, its subsidiaries and SBM, stating he has settled his claims with the defendant, court records show. As of March 12, no ruling is on file.

In his suit, Cardenas says the defendants controlled the work area and were thereby negligent in allowing the dangerous condition to manifest.

He was suing for past and future mental anguish, medical expenses, lost wages and impairment, plus all court costs.

Baytown attorney Paul Wesley Klinger Jr. represents him.

Houston attorney Robert Vining represents the defendants.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E188-829

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