SOUTHEAST TEXAS RECORD

A defendant in litigation brought by Kenneth Poole, who sued for an injury he received while working a gas well, is asking the court to force the plaintiff to re-plead his case.

Poole and his wife Carol filed the suit Ballard Exploration and two other companies on April 11, 2011, in Jefferson County District Court. The other defendants named in the suit include Frank's Casing Crew & Rental tools and the Schlumberger Co.

Court records show that on May 18 Frank's filed a special exceptions to the plaintiff's second amended petition, requesting that the court order Poole to re-plead his causes of action against the company and to dismiss the case if he refuses.

"Many of plaintiff's claims are completely unsupported by any factual allegations, while others contain allegations which are so ambiguous that Frank's must guess at the purported factual basis for plaintiff's claims," the special exceptions document states.

Frank's maintains it cannot mount a defense.

According to the original petition, Poole, while working at a gas well near the city of Beaumont, was injured on May 4, 2010, when the tubing running into the well fell, causing a pipe to strike him.

The J-hook hoisting the tube did not have a safety keeper on it, causing it tome come loose, the suit alleges.

In his second amended petition, Poole blames Frank's for providing the J-hook without a keeper.

Poole's employer, Ballard Exploration, negligently failed to provide him with a safe workplace, the suit alleges.

Poole is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

His wife is suing for loss of consortium damages.

Beaumont attorney Steven Barkley represents the plaintiffs.

Houston attorney Bijan Siahatgar of Strasburger & Price represents Frank's.

Germer Gertz attorney Karen Bennett of Beaumont represents Ballard.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B189-750