‘Loser pays’ motion filed in wrongful termination claim

By David Yates | Mar 2, 2015

Loser pays

A defendant in a wrongful termination claim recently filed a “loser pays” motion, seeking to be dismissed from the lawsuit and have the plaintiff pay his attorney’s fees and court costs.

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.

A hearing on the matter was slated to be held on Monday, March 2, but was cancelled and not immediately reset, according to a courthouse official.

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.

In his motion, Roberts requests 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 is represented by Beaumont attorney Dana Timaeus.

Attorney Larry Watts represents Humphrey.

Case No. A195-713

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