Fagen Inc. dismissed from injury suit

David Yates Apr. 12, 2013, 4:43pm

Plaintiff Hiawatha Ryan Jr. recently dismissed a defendant from his personal injury claim. 

As previously reported, Ryan’s suit was filed against Hit Services and Fagen Inc. on Sept. 15, 2011, in Jefferson County District Court, even though he already received worker’s compensation for the alleged injury.

On March 15 an agreed order of partial dismissal was entered, stating that Ryan was dismissing his claims against Fagen, court papers say.

The lawsuit alleges Ryan was injured on Oct. 10, 2009, while in the employment of Safety First – a company subcontracted by the defendants at the time of the incident.

Previously, Hit Services and Fagen Inc. successfully designated plaintiff Hiawatha Ryan Jr.’s employer, Safety First, as a responsible third party to the injured worker’s suit.

On July 31 the defendants filed a joint motion for leave to designate a responsible third party, asserting Safety First failed to properly train and supervise Ryan, court records show.

Judge Bob Wortham, 58th District Court, granted the motion on Oct. 25.

The suit also states that Ryan received worker’s comp and medical benefits following the incident.

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

Adam Terrell of Weller, Green, Toups & Terrell in Beaumont represents him.

Case No. A190-918

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