A man alleging his foot was so badly crushed by a large flange that a toe had to be amputated has filed a motion for protection, seeking to avoid what he says are “repetitive” discovery requests.
As previously reported, Irwin Gomez and his wife Patricia filed suit against Houston Refining, LyondellBasell Acetyls, Lyondell Chemical, CDI Corp., CDI Engineering Solutions and Adam Durgan on May 23 in Jefferson County District Court.
Court records show that plaintiffs filed their motion for protection on Aug. 21.
“Plaintiffs seek protection against responding to repetitive discovery requests regarding general information in this case of action,” the motion states.
According to the lawsuit, on May 24, 2011, Irwin was working as an independent contractor at a refinery owned by Houston Refining and/or Lyondell. Durgan and CDI were a go-between Irwin’s employer and the refinery.
He was injured when a large flange crushed his foot and toes. A toe had to be amputated.
The suit alleges Durgan had refused to allow Irwin’s employer to make the lift that injured him safer.
All of the defendants are accused of negligently failing to provide a safe workplace and correct a dangerous condition.
Irwin is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.
His wife is suing for loss of consortium.
Beaumont attorney Darren Brown of the Provost Umphrey Law Firm represents them.
Judge Bob Wortham, 58th District Court, is assigned to the case.
Case No. A194-375