David Yates Feb. 21, 2013, 1:42pm

Plaintiff Armando Falcon, who injured his knee while navigating a shore gangway toward a vessel, has non-suited Sunoco.

As previously reported, Falcon filed suit against Sunoco on March 27, 2012, in Jefferson County District Court, claiming the gangway was not level with the vessel.

Court records show that on Dec. 11 Falcon filed a motion for non-suit, stating he no longer desired to pursue his claims.

That same day, Judge Milton Shuffield, 136th District Court, granted the motion and non-suited Sunoco without prejudice.

According to the lawsuit, on May 16, 2011, Falcon was a petroleum inspector performing inspections at Sunoco’s terminal in Jefferson County. He injured his knee while navigating the company’s shore gangway.

“Defendant’s shore gangway was not level with the vessel gangway and was unfit for safe use at the time of plaintiff’s injury,” the suit states, adding that Sunoco negligently failed to inspect and maintain its premises and warn him of the danger.

A shore gangway is a narrow, portable platform used as a passage by persons entering or leaving a vessel.

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

Beaumont attorney Matthew Matheny of the Provost Umphrey law firm represents him.

Case No. D192-232

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