SOUTHEAST TEXAS RECORD

June 22

Golden Triangle Delivery Inc. vs. Lewis Martin (D.B.A. Jeanie's Delivery Service)
PA - Jeffrey T. Roebuck, J - Bob Wortham
Lewis Martin, a former trucker for Golden Triangle Delivery Inc. (also known as KDSI), left the company to start his own business, Jeanie's Delivery Service. To stop Martin from stealing clients, KDSI filed a request for a temporary restraining order with the Jefferson County District Court on June 22. According to the plaintiff's original petition, on Nov. 18, 2005, Martin signed a Non-Disclosure and Non-Competition Agreement with KDSI, prohibiting him from stealing the company's customers during or after his employment. On March 9, 2007, Martin left to start his own business, with the intent of providing "the same services" to a welding supply company that he was providing as an employee of plaintiff." KDSI is suing Martin for breaching his contract, claiming it has "suffered damages equal to the lost income for the worth that defendant has been providing ," the suit said.
Case No. A179-546

James McGallion vs. Motiva Enterprises
PA - Jason Itkin, J - Donald Floyd
While James McGallion, a contracted employee, was working on a Motiva refinery reactor, a blind "swung free" and whacked him in the back. He is suing Motiva Enterprises for failing to maintain a safe work environment. McGallion is suing for compensatory, actual, punitive and special damages, plus all court costs.
Case No. E179-550

Charles and Marcia Guillory vs. Greenville Automotive Partners et al
PA - Clay Dugas, J - Donald Floyd
Charles and Marcia Guillory bought a 2006 Jeep Commander from Greenville Automotive Partners. They claim the vehicle has an "uncontrollable leak" and are suing the dealer and vehicles maker for the price of the jeep, plus $50,000 in attorney fees. The suit names Green Greenville Automotive Partners, DaimlerChrysler Corp., Donalson Automotive Holdings, and Allen Samuels Chrysler Jeep Inc. as defendants.
Case No. E179-553

Brandon Socia vs. Charles Marcum, owner of Impact Plumbing Co.
PA - Anthony Malley III, J - Bob Wortham
Brandon Socia, a plumber, was electrocuted while working under a house. He claims his co-workers negligently neglected to turn of the power. Socia is suing his employer Charles Marcum, owner of Impact Pluming Co., for more than $75,000.
Case No. A179-555

Micah Harrison vs. Fast-Track Construction
PA - Jason Byrd, J - Bob Wortham
Alleged "shoddy workmanship" performed by Fast-Trak Construction has lead Micah Harrison to sue the contractor. Harrison hired the company to repair his Hurricane Rita ravaged property. The five-count suit faults Fast Trak with breach of contract, fraud, breach of duty of good faith and fair dealing, violating the Texas Deceptive Trade Practices � Consumer Protection Act and breach of express warranty.
Case No. A179-560

June 25

Gary Rainwater vs. State Farm Lloyds
PA - David C. Wenholz, J - Gary Sanderson
An Orange County resident has filed a lawsuit against State Farm Lloyds with the Jefferson County District Court. Gary Rainwater alleges the insurance company unfairly denied a portion of his property damage claim submitted following Hurricane Rita. The suit says State Farm claimed the damaged was caused by termites.
Case No. B179-563

Preston Broussard et al vs. Christus Southeast Texas et al
PA � John Osborne, J � Donald Floyd
A Hemphill man says his wife died because hospital staff did not realize her breathing tube had fallen out, a discovery made instead by the couple's 10-year-old son. Preston Broussard filed a wrongful death, survivorship and medical malpractice suit on behalf of Dorothy Broussard, deceased, and minor child Cody Broussard on June 25 in Jefferson County District Court. Christus Hospital St. Mary, Dubuis Hospital of Port Arthur and Dr. Sreedhar Polavarapu are named as defendants.
According the plaintiffs' original petition, on April 9, 2005, the breathing tube connected to Dorothy Broussard was inadvertently removed.
"The hospital staff was not aware of the event because Mrs. Broussard's 'finger light' (heart monitor) had been removed earlier that day," the petition states. "Due to the lack of oxygen over an extended period of time (because the 'finger light' was removed, no one at the hospital was aware of the patient's plight), Mrs. Broussard fell into a coma, and passed away on July 12, 2005."
Preston Broussard is seeking damages for pecuniary loss, medical services, physical pain and suffering, mental pain and anguish, disfigurement, physical impairment, loss of consortium and loss of enjoyment of life. Because plaintiff claims the defendants' acts or omissions were performed either intentionally, knowingly, maliciously, wantonly or in utter disregard of Broussard's rights, he is also seeking punitive or exemplary damages.
Case No. E179-564

Antoinette Lewis vs. CVS Pharmacy
PA - Brett S. Thomas, J - Bob Wortham
Two years ago, Antoinette Lewis' baby was born prematurely. She claims her pregnancy complication was a result of a "misfilled" prescription received at a CVS Pharmacy and is suing the company for more than $50,000. Lewis alleges the pharmacy was negligent for failing to properly fill the correct medication, failing to recognize her symptoms, and "failing to engage in recognized and acceptable practices in the medical profession to limit the likelihood and probability of infection following the treatment provided by the defendant."
Case No. A179-565

June 26

Rosalinda Pineda vs. Kelvin Lynn Edwards and Bruckner Leasing Co.
PA - Todd Elias, J � Donald Floyd
Rosalinda Pineda "sustained debilitating injuries" when the vehicle she was riding in was struck by Kelvin Lynn Edwards, a Bruckner Leasing Co. employee. Pineda is suing Edwards and the company for more than $50,000.
Case No. E179-566

Donna Michele Hurlburt vs. Donald Joseph Ellis
PA - Pat McGinnis, J � Gary Sanderson
One Orange County resident is suing another for a fender bender that occurred in Jefferson County. Donna Michele Hurlburt is suing Donald Joseph Ellis for more than $50,000. According to the plaintiff's original petition, on July 25, 2005, Hurlburt was traveling east at the 600 block of Intersate-10 east, with Ellis behind her. Hurlburt slowed down for stopped traffic ahead, and Ellis failed to slow down, striking the back of her vehicle. The impact caused Hurlburt's s vehicle to be pushed forward into the back of another vehicle. Ellis was cited for failure to control speed.
Case No. B179-567

Nathaniel Stephens vs. Ashleigh Petry
PA � Timothy Ferguson, J � Milton Shuffield
Nathaniel Stephens is suing Ashleigh Petry for $50,000 an auto collision he claims occurred when Petry "failed to control her speed." Stephens is suing for physical pain and suffering in the past and future, mental anguish in the past and future, lost wages, loss of earning capacity, disfigurement in the past and future, physical impairment in the past and future, and past and future medical expenses.
Case No. E179-569

Catherine Purser vs. Beverly Lafleur
PA � John Lane, J � Gary Sanderson
Catherine Purser is suing Beverly Lafleur for more than $75,000 for an auto collision. "Plaintiff would show that on the aforementioned date plaintiff was the driver of a vehicle traveling west on Georgia Street when suddenly and without warning, a vehicle being driven by Lafleur failed to stop at a stop sign proximately causing the accident," the suit said. "The accident and injuries resulting there from, were not caused by or contributed to by the plaintiff, nor did the same occur through any fault or negligence on the part of the plaintiff but were solely caused by the acts, wrongs and/or omissions of the Defendant."
Case No. B179-570

June 27

Kathryn Hebert vs. HealthSouth Rehabilitation Hospital of Beaumont et al
PA � William Barfield, J � Gary Sanderson
Kathryn Hebert has filed a wrongful death lawsuit against the HealthSouth Rehabilitation Hospital of Beaumont, claiming the care provider negligently failed to care for the late Mamie Green, a former resident at the facility.
Case No. B179-573

Apostolic Church Inc. vs. Guideone Mutual Insurance Co. and Paul Odom
PA � Brandon Monk, J � Bob Wortham
When consoling a grieving member of his congregation, a reverend might say, "The Lord gives and takes away." However, at least on reverend of the Apostolic Church in Beaumont seems to believe in a different proverb, "When the Lord takes, sue your insurance provider for denying a portion of your Hurricane Rita claim."
Apostolic Church Inc. filed suit against Guideone Mutual Insurance Co. and one of its agents, Paul Odom, on June 27 in the Jefferson County District Court. Judge Bob Wortham, 58th Judicial District, will preside over the case.
Case No. A179-574