SE Texas Record

Wednesday, December 11, 2019

Tanker truck driver slips on substance left atop vehicle, sues Kinder-Morgan

By Carol Ostrow | May 28, 2015

A Tyler County trucker brought a lawsuit against a group of companies for alleged liability in a 2013 slip and fall incident.

Bobby Barton along with Linda Barton filed against International Paper Company; Merichem Company; Kinder-Morgan Liquids Terminals LLC; Kinder-Morgan Inc., all of Dallas; and Quality Carriers Inc. of Austin in Jefferson County District Court May 26, claiming negligence in an Orange County incident in October 2013.

Employed by a trucking company, Bob Barton was en route to the Kinder-Morgan defendants’ Galena Park premises on or about Oct. 24, 2013, according to the filing.

The suit states that during a loading process, Kinder-Morgan employees negligently splashed or otherwise left material on top of the plaintiff’s vehicle. In the course of his delivery later that day, Barton was required to climb atop the truck for unloading at International Paper.

According to the filing, International Paper’s premises were unsafe for the type of unloading operation required. The plaintiff alleges that he slipped on residue atop the truck; fell off the truck to the ground, and suffered bodily injuries. Additionally, the complaint states, remaining defendants Merichem and Quality Carriers were negligent in failing to control the unloading in question.

Citing personal damages, pain, suffering, and mental anguish; lost wages, earning capacity and household services; impairment and disfigurement, and medical expenses, the plaintiff invokes a possible subrogation claim through his employer’s workers compensation insurance.

Barton seeks compensation for damages along with pre- and post-judgment interest; attorney’s fees; expenses, and costs.

He is represented by Curtis Leister of Reaud, Morgan & Quinn in Beaumont.

Jefferson County District Court Case B-197151

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