Man nonsuited from suit alleging flying ladder struck vehicle

David Yates May 8, 2013, 2:58pm

A notice of nonsuit has been filed in a lawsuit brought by Dustin Marin, who sued Vidor local Robert Garrett, alleging a ladder flew off Garrett’s vehicle and struck his. 

As previously reported, the suit was filed March 7, 2011, in Jefferson County District Court.

Court records show that notice was filed Dec. 27, stating that plaintiff advises the court to dismiss his cause of action against defendant with prejudice.

The petition alleged that on Feb. 14, 2010, Marin was traveling on Interstate 10 when “a ladder that Garrett failed to properly secure to his vehicle landed in the roadway, resulting in a collision to Marin’s vehicle.”

Marin alleged Garrett negligently failed to exercise care in securing the ladder and was driving in a reckless manner.

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

Houston attorney Don Phillips represented him.

Judge Gary Sanderson, 6oth District Court, presided over the case.

Case No. B189-542

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