David Yates Jul. 20, 2015, 2:10pm


A defendant in a wrongful termination claim who filed a “loser pays” motion in the litigation has been non-suited from the complaint.

The suit was filed by Donna Humphrey against Texas Gas Service, Oneok, Eli Roberts and Harvey Hightower on May 14, 2014, in Jefferson County District Court.

Court records show that on Jan. 14 Roberts filed a motion under rule 91a of the Texas Civil Code, which requires the loser to pay the winner’s court costs.

On June 9 Humphrey filed a notice of non-suit, stating the parties reached a settlement and accord.

Judge Kent Walston, 58th District Court, dismissed the case with prejudice two days later, court records show.

The plaintiff in the case, Humphrey, was a former interim manager for the company defendants from September 2012 through March 2013. When defendant Roberts was transferred from a Galveston office to Humphrey’s Port Arthur office, he allegedly made it clear he thought Humphrey was unworthy of the position.

According to the second amended complaint, Humphrey alleges she received reports Roberts was stealing from the company defendants.

“Humphrey reported the suspicions regarding Roberts to management and was ultimately terminated in retaliation for doing so,” the suit states.

Roberts had requested the court dismiss him from the causes of action against him, declaring them baseless and grant him an award of attorney’s fees as required by Rule 91a.

Roberts was represented by Beaumont attorney Dana Timaeus.

Attorney Larry Watts represented Humphrey.

Case No. A195-713

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