NEW! Galveston County: Recent filings

By Shirley Willcock, Galveston Bureau | Feb 13, 2008

Jan. 2

  • Felix Herrera vs. Todd Shipyards Corp.

    212th Dist. Court

    Felix B. Herrera was employed by Defendant Todd Shipyards Corporation as a laborer from 1948-1974 in Galveston County. He worked in areas contaminated with respirable toxic asbestos fibers. Herrera claims he was never warned about asbestos and was never provided respirator protection. He died of lung cancer and asbestosis in July 2006.

    Plaintiffs plead and invoke Strict Liability-Product, Breach of Warranty-Products, Breach of Warranty of Merchantability and Gross Negligence. Plaintiffs contend that defendants intentionally, knowingly and recklessly caused serious bodily injury; intentional wrongful conduct and/or malice; and that defendants deliberately engaged in oppression, fraud, wantonness or malice based on lack of reasonable care and unsuitable products.

    Plaintiffs request punitive and exemplary damages.

    Case # 08CV0001

    Feb. 1

  • John David White Jr. v. BCC Corp. d/b/a Galveston BCC Corp., Driftwood Apartments, et al.

    122nd Dist. Court

    White was injured while working at the location of Driftwood Apartments owned by Ran-Mar and possibly others. White was moving an appliance into an apartment; meanwhile another worker for the above entities tried to help White but caused him injury instead. Mr. White is an employee at some level.

    Ran-Mar did not have worker's compensation coverage (T.W.C.A.). Plaintiff contends that the building did not have ramps installed nor did the companies have any movable ramps to protect workers. Ran-Mar did not provide training for Mr. White's position nor did Ran-Mar display ordinary prudence.

    Plaintiff asks personal injury damages for loss of earnings and capacity and permanent physical impairment.

    Case # 08CV0103

  • James Green & Prince Ella Green v. Cenlar Federal Savings Bank, Aurora Loan Services LLC, and Midland Mortgage Company.

    405th Dist. Court

    Plaintiffs assert that Cenlar, Aurora and Midland have refused to release the Greens' properties and have used knowing awareness of falsity, deception, and unfairness...and that defendants intended that plaintiffs act in detrimental reliance on the falsity or deception or in detrimental ignorance of the unfairness.

    Case # 08CV0102

    Feb. 4

  • Sterling Chemicals, Inc. v. Marathon Petroleum Co., LLC and Marathon Oil Corp.

    212th Dist. Court

    Sterling and Marathon had an Agreement under which Marathon sold chemical and gas products to Sterling. Sterling complains of undue hardship because Sterling no longer has need for or the ability to economically utilize the products formerly sold by Marathon to Sterling.

    The plaintiff claims Marathon has refused to negotiate or ameliorate the effects of the economic hardship to Sterling, and, instead, has made demand that Sterling pay it $9.4 million while also demanding a termination of the entire Agreement.

    Sterling contends that Marathon's refusal of renegotiation in good faith constitutes a direct breach of its duty under the Agreement.

    Case # 08CV0108

    Feb. 6

  • Hunter Heavy Equipment, Inc. v. Jeff Sandel, et al.

    Court assignment pending

    Plaintiff asserts that defendant has refused to pay approximately $12,000 in rental of a 15-ton crane used by the defendant. The arrears are somewhere around three months of use. The petition gives no notice that the crane was not returned to the renters; only that money is asked based on the contract between Hunter and Sandel.

    Case # 08CV0119

    Feb. 7

  • Kathy Diane Manley v. The Shearn Moody Plaza Corporation

    Court assignment pending

    Ms. Manley says that on or about June 25, 2007, she was severely injured when the elevator carrying her "plunged" two floors. Plaintiff asserts that personal injuries include back, neck, shoulder, head, and other injuries during the elevator's fall.

    Further the plaintiff asserts the doctrine of Res Ipsa Loquitur--i.e., that there is no question that the elevator did suddenly descend.

    Case # 08CV0122

  • Yolanda & Ramiro Soto v. Mary Chesson, et al.

    Court assignment pending

    On June 2, 2006, John Michael Chesson, using his parents' car, supposedly failed to yield, and a collision resulted. The Chessons refused to compensate the Sotos and challenged the plaintiffs to file a lawsuit. And that is just what is happening now.

    Case # 08CV0125

  • Donald Roy Bell v. Donrico Emanuel Browne; Willoughby Trucking

    Court assignment pending

    Plaintiff says he will have damages and future suffering from collision and negligence. Plaintiff says that Willoughby Trucking is vicariously liable for Browne's negligence and also under Respondent Superior.

    Case # 08CV0123

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