Defendant non-suited from case claiming man injured from falling boat

David Yates Apr. 19, 2012, 9:25am


Following two continuances, a defendant accused of dropping a boat on a worker's leg has finally been non-suited, effectively ending the case.

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.

On March 27 Hill filed a motion for non-suit, stating that he has resolved and settled his claims against McKellar, court papers say.

Judge Bob Wortham, 58th District Court, granted the motion on April 3, dismissing the defendant with prejudice.

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.

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.

Scott Renick of Beaumont represents him.

Germer Gertz attorney James Henges of Beaumont represents McKeller.

Case No. A187-726

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