Gas pump lawsuit gets new trial date

John Suayan, Galveston Bureau Oct. 28, 2013, 2:02pm

GALVESTON - The trial into a lawsuit claiming a local man and his son were doused with gas from an unattached hose will be heard on a new date.

According to court records, the parties in Georgios Maltsakis's suit had their agreed first motion for continuance granted by Galveston County Court-at-Law No. 3 Judge Kerri M. Foley on Oct. 14. 

As previously reported, the elder Maltsakis sued Murphy Oil USA Inc. and motorist Jerry Delossantos last Feb. 21 for the June 16, 2011, incident, in which Delossantos allegedly drove away from a pump without removing the pump hose from his vehicle, resulting in gasoline "being sprayed all over Georgios and [his son's] face and body."

The original petition shows the plaintiffs “immediately experienced burning sensations on their skin and eyes" and were taken to the nearby University of Texas Medical Branch where they underwent a series of X-rays and other tests.

Maltsakis adds he was forced to miss a week of work.

He and the defendants requested Judge Foley to switch the trial setting from Dec. 9 because Murphy's lead counsel, attorney John D. Wittenmeyer of LeBoeuf & Wittenmeyer P.C. in Houston, and his wife are scheduled to travel to Austria with her elderly parents at the time.

The five-page motion, filed earlier this month, also says Maltsakis's attorney, Chris C. King of McLeod, Alexander, Powel & Apffel P.C. in Galveston, wanted the continuance because he has four cases slated for trial during the same period.

Judge Foley rescheduled the trial for Jan. 13, 2014.

Cause No. 69,343

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