SOUTHEAST TEXAS RECORD

An Atlantic Scaffolding employee hurt his foot when he said his co-workers improperly passed scaffolding boards on a vessel owned by Exxon Mobil Corp.

Lee McGraw claims it was Exxon Mobil's responsibility to prevent the injury caused by his co-workers taking shortcuts and has filed suit against the oil giant.

According to the plaintiff's petition, filed Dec. 7 in the Jefferson County District Court, on Aug. 23, 2006, McGraw received "bodily injuries" while an Atlantic Scaffolding crew was "improperly passing scaffolding boards vertically through a fixed circular ladder attached to a vessel owned by defendant."

"The Defendant (Exxon Mobil) owned�the vessel and the circular ladder," the suit said. "The action of passing scaffold boards vertically through the fixed ladder was unsafe and was an unsafe condition on the premises.

"Defendant failed to stop or prevent such condition, which was negligence proximately causing injury to plaintiff. During the course of passing scaffolding through the circular ladder, plaintiff suffered injury to his foot and body generally."

McGraw claims Exxon Mobil's alleged negligence has caused him to suffer past and future loss of earning capacity, medical expenses, physical pain and mental anguish and physical impairment, the suit said.

Zurich American Insurance Company, through ESIS Inc., provided worker's compensation insurance for the injury and paid benefits to McGraw.

"Zurich would ordinarily have a potential subrogation interest in this case, and is therefore being given notice of this suit. If Zurich American makes any recovery in this case, plaintiff's counsel seeks payment of attorney fees and expenses out of such recovery, to the maximum extent permissible by law, including the Texas Labor Code."

McGraw is demanding a trial by jury and is represented by Curtis Leister, attorney for the Reaud, Morgan & Quinn law firm.

Judge Milton Shuffield, 136th Judicial District, has been assigned to the case.

Case No. D180-872