ExxonMobil, ALS non-suited from chipping gun injury suit

David Yates May 4, 2012, 11:20am

ExxonMobil and Advantage Labor Source have been non-suited from litigation brought by Egan 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 named Adhesive Services as a defendant.

Chesser previously filed a notice of non-suit on Jan. 27, dismissing his claims against Adhesive Services without prejudice, court papers say.

On March 20 Chesser filed a notice of non-suit, seeking to dismiss his claims against ALS and ExxonMobil.

Judge Bob Wortham, 58th District Court, granted the motion on March 26, dismissing the companies without prejudice, court papers say.

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."

According to the lawsuit, 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."

Chesser was 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.

Case No. A190-854

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