This Just In: Jefferson County

By The SE Texas Record | Aug 23, 2007

Aug. 16

- Johnella Chambers vs. Walgreens

PA - Woodson Dryden, J � Alfred Gerson

Johnella Chambers says she was "attempting to be a customer" at the Walgreens on Lucas, but she slipped and fell, twice, after walking across a wet mat before she could start shopping. The suit faults Walgreens with negligently failing to post wet-floor signs, provide adequate matting, failing to properly mop the area and warn customers of the dangerous condition. Chambers is suing for past and future medical expenses, physical pain and mental anguish.

Case No. 109-240

- Stacy Riley et al vs. Frances Chatman

PA � Stacy Riley, J � Gary Sanderson

Representing her minor daughter, Stacy Riley filed a personal injury lawsuit against Frances Chatman, claiming her little girl was "injured because of (Chatman's) negligence." Riley is suing for her daughters past and future medical expenses, physical pain and mental anguish.

Case No. B179-831

-Georgia Black vs. Christus St. Elizabeth et al

PA � Louis McWherter, J � Bob Wortham

A Beaumont woman is seeking more than $5 million in damages from two local doctors and a hospital after an infection resulted in the loss of her left eye. Georgia Black filed a medical malpractice lawsuit on Aug. 20 in Jefferson County District Court against Christus Hospital St. Elizabeth, Dr. Shungman Kirby Lee and Dr. Eric Adam Mark.

According to the plaintiff's original petition, Black had been under the care of Dr. Lee for several years for chronic kidney disease, diabetic nephropathy and high blood pressure. On July 11, 2005, Black went to the emergency room of Christus Hospital St. Elizabeth in Beaumont for the pre-existing medical conditions and was then admitted to the hospital.

"Plaintiff, Georgia Black incurred endophthalmitis of her left eye while a patient at Christus St. Elizabeth Hospital as a result of a catheter being placed in her neck of the instruction of her attending physician, defendant Eric Adams Mark, M.D.," the petition states.

"Due to the severity of the infection plaintiff Georgia Black acquired while a patient at St. Elizabeth Hospital, her left eye had to be surgically removed," the plaintiff claims.

Black is seeking damages for past and future medical expenses, physical pain and suffering, mental anguish, impairment, psychological treatment and loss of service.
The original petition states that for the loss of sight in the left eye, including damages to business, social relationship, loss of care, comfort, solace, companionship, protection, services and/or emotional relations, the plaintiff seeks economic damage in the amount of $5 million.

She is asking for $300,000 for actual damages; $250,000 in non-economic damages each from Christus Hospital, Dr. Lee and Dr. Mark.

Case No. A179-827.

Aug. 20

- Bobbie Childree vs. Speedy Stop Food Stores

PA � Steven C. Barkley, J � Gary Sanderson

Wear a back brace and use a step ladder when stocking cases of soda mix. Bobbie Childree's employer, Speedy Stop Food Stores, instructed her to do these things, but Childree claims no back belts were available and the "step ladder�was in a totally different part of the store" when she was told to stock 50-pound boxes. Childree alleges she pulled her back while performing the task and is suing Speedy Stop for "failing to provide (her with) adequate help." She is suing for damages, "when measured in money, are substantial and significantly exceed the minimum jurisdictional limits of this court."

Case No. B179-840

-Charles and Kaye Sexton vs. Eli Lilly & Co.

PA � Clay Dugas, J � Milton Shuffield

Valedictorian of his high school class and honor graduate from Rice University, Scott Sexton's future promised greatness. Sometime between graduating from Rice with a masters degree in business administration and working at the accounting firm Deloitte Touche, Sexton was diagnosed with a mental disorder and prescribed Zyprexa. He died of pancreatits on Dec. 7, 2006.

"At all times relevant, Eli Lilly and Company, its associates, or its representatives, manufactured, designed, labeled, supplied, marketed, sold, promoted and otherwise distributed Zyprexa in interstate commerce," the suit said. "Zyprexa has been widely advertised� as a safe and effective anti-psychotic medication. In reality, Zyprexa causes serious adverse health affects including pancreatitis."

Case No. D179-838

- Tim Dietz vs. Total Petrochemicals USA Inc.

PA � Steven Barkley, J � Gary Sanderson

When the wind shifted, Tim Dietz inhaled a nasty burst of piping-hot steam, literally.

Dietz, a pipe fitter, and his wife Stephanie, are suing Total Petrochemicals USA Inc. for failing to provide a safe workplace. Dietz inhaled a gust of steam, jerked back and incurred third-degree burns in and around his throat, suffering "thermal injuries" to his respiratory system, the suit said.

Case No. B179-839

Aug. 21

-Ereck Craig vs. Exxon Mobil Oil Corporation

PA � James Payne, J - Bob Wortham

Whacked in the face by a flailing hose, Ereck Craig claims he has suffered severe and permanent injuries and is suing Exxon Mobil Oil Corporation for "allowing (him) to stand in an area where he could be contacted by the hose." Craig was working as a contractor at the Exxon Mobil plant when he reported the hose was plugged. Apparently, a refinery employee then purged the hose with steam while Craig was still in the area. He is suing for exemplary damages.

Case No. A179- 860

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