Construction companies, plaintiff agree on trial date of crane injury suit

David Yates Apr. 24, 2013, 1:50pm

Parties have agreed on a docket control order in a suit brought by a construction worker who claims he was injured at a worksite while running from a crane that was about to tip over. 

Plaintiff Tommy Kelly filed suit June 9, 2011, against Jacobs Engineering in Jefferson County District Court. Bechtel Corp. was later added as a defendant.

Court records show that a joint agreed docket control order was entered on April 22, calling for the case to be mediated on or before Nov. 15 or face a December trial.

The original complaint states that on Jan. 4, 2011, Kelly, a Becon Construction employee, was working at the Motiva refinery in Port Arthur when a crane that was lifting a load began to tip over.

“When it was apparent the crane was going to tip over, plaintiff and others started running for safety down a path of wooden mats,” the suit states.

“Plaintiff jumped to the side off the mats and down a distance of two feet. When plaintiff landed, he fell. He got up and could barley walk.”

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

He is represented by Lance Bradley, an attorney for the McPherson, Hughes, Bradley, Wimberley, Steele & Chatelain law firm in Beaumont.

The defendants are represented by Nicholas Baldo, attorney for the Beaumont law firm Stevens Baldo Freeman & Lighty.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E190-236

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