Continuance granted in Harris Co. painter's scaffold injury lawsuit

John Suayan, Galveston Bureau Feb. 25, 2013, 3:43pm

GALVESTON - A joint motion for continuance entered into a Harris County painter's scaffold injury lawsuit was recently approved. 

Galveston County 122nd District Court Judge John Ellisor issued an order Feb. 13 calling for the trial to deliberate Ronald Acosta's allegations to begin Oct. 14, 2013, instead of in early April.

Acosta is suing Honolulu resident Jaymark Komer, La Porte local Terry Stokes, League City Commons, Jaymark Komer Family Trust, Jaymark Komer Trust and Jaymark Komer Revocable Trust after he fell from a scaffold on May 7, 2010, while performing a paint job at a League City shopping center.

The original petition explains that Acosta was reportedly told to use the scaffolding in question to do the job, "however, there was an area of the facade that was too high to reach standing on the scaffolding, and the plaintiff was instructed to help place a ladder on top of the scaffold so that he could paint a particular area of the facade."

“While standing on the ladder placed on the scaffolding, suddenly the ladder, which was supposed to be supported by a co-worker, slipped and fell approximately 20 feet to the ground along with the plaintiff, causing the plaintiff severe injuries,” it states.

According to the complainant, the subject event left him with facial and head fractures, dislocated arms, injuries to his hands and several severely broken bones which required several surgeries and possibly more.

The parties sought continuance on Feb. 7 because some of the respondents are in Hawaii, and they "are working out logistics for depositions."

Attorney M. Dean Solomon with David Klosterboer & Associates in Houston is representing Komer, his trusts and the shopping center.

Case No. 12-CV-389

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