Harlan Jennings filed a lawsuit July 6 in Jefferson County District Court against Industrial Scaffolding LLC, Brock Services LLC and The Newtron Group LLC, alleging gross negligence in failing to comply with the government safety regulations.
Court records show Brock answered the suit on July 27, asserting Jennings’ claim is barred in its entirety by the sole remedy provision of the Texas Workers Compensation Act.
Brock further asserted a general denial and that the plaintiff’s damages were the result of negligent acts of third parties for whom it is not legally responsible for.
Jennings filed his special exceptions on Aug. 1, requesting the court require Brock to identify and third parties for which it finds comparative fault, court records show.
According to the complaint, on Sept. 7, 2014, in the course of his employment with Total Refinery at its Port Arthur refinery, Jennings was crossing a stairway when his head collided with the improperly constructed scaffold. The suit says Jennings sustained injuries that caused him to sustain pain, mental anguish, loss of earnings and medical expenses.
The plaintiff alleges the defendants failed to use ordinary care in the design of the scaffold and failed to warn that the scaffold was unsafe.
Jennings seeks a trial by jury, judgment to be determined at trial, interest, costs of court and such other relief to which he is justly entitled.
He is represented by attorney Darren L. Brown of Provost & Umphrey Law Firm LLP in Beaumont.
Brock is represented by Mark Lambert, attorney for the Beaumont law firm Benckenstein, Norvell & Nathan.
Jefferson County District Court Case number A-198691