This Just In: Recent civil suits filed in Galveston County District Courts

By Shirley Willcock, Galveston Bureau | Mar 6, 2008

Feb. 22

  • Peanut Butter Warehouse Corp./Glen Graves, Sucessor in Interest v. Texas Workforce Commission

    PA - Glen Graves, J - John Elisor, 122nd Dist.

    The Peanut Butter Warehouse Corp. is an inactive business. Glen Graves, successor in interest, is suing the Texas Workforce Commission for $50,000 "or less" excluding costs and attorney fees.
    Plaintiff Graves says that Texas Workforce Commission has "exhibited gross negligent behavior" in hearing a claim from a claimant in a labor law dispute, Ch. 61, Tex. Labor Code.

    Graves says that Defendant, TWC, did not notify Plaintiff Graves on a timely basis, and Plaintiff was never given an opportunity to respond to the TWC claim.

    Further, Plaintiff says that TWC negligently and maliciously seized from at least two different banks, at least twice the amount that Plaintiff owed. TWC refused to return money to Plaintiff.
    Plaintiff seeks the sum of $2,732, plus damages, expenses, attorney fees, court costs, and interest.

    Case No. 08CV0175

    Feb. 25

  • IN RE: H. G, A MINOR

    PA - Gay & Reitz; Crouch & Ramey; J - David E. Garner, 10th Dist.

    Request for Appointment of Guardian ad Litem

    In February 2006, a child got his finger caught in the ladies restroom door at a Whataburger in League City. The child's parents say that he faces the possibility of surgery in the future once his hand and finger mature to the point that they stop growing.

    Parents and Whataburger have negotiated a settlement agreement and the parents have released all claims against Whataburger. Both sides recognize that liability for child's injury has not been determined in court.

    The parties jointly filed the Original Petition for the appointment of a guardian ad litem and for approval of settlement. Pursuant to Tex. R. Civ. P. 173.4(d)(2), it is in the best interest of the child that a guardian ad litem be appointed to review the settlement and ensure that it adequately protects the child's interest.

    Case # 08CV0187

    Feb. 26

  • Bill Johnson & wife Melanie Johnson v. BP Products North America, Inc. and Robert Cooksley.

    PA - Joseph M. Gourrier, J - David E. Garner, 10th Dist.

    A worker at BP's Texas City refinery claims his supervisor ignored signs that he was suffering from heat exhaustion, which eventually led to a stroke that has left him paralyzed. Bill Johnson and his wife Melanie Johnson filed suit against BP Products North America and his supervisor Robert Cooksley on Feb. 26.

    Johnson alleges that he was suffering from heat exhaustion and that Cooksley failed to recognize the signs and symptoms as he should have been trained to do.

    Johnson's wife Melanie is claiming losses through the injury to her husband, and she is also seeking damages for ongoing medical treatment and counseling. Plaintiff Bill Johnson is seeking exemplary damages as Defendant Cooksley did not do his duty to protect his employee.

    Case No. 08CV0188

  • William Legate v. Malin International Ship Repair & Drydock, Inc.

    PA - Lucie S. Tredennick, J - Lonnie Cox

    Plaintiff, William "Buzzy" Legate, has presented a petition against Malin International Ship Repair & Drydock that claims Breach of Contract for "the purpose of greed, personal control and power," and that he was terminated without discussion in spite of an employment agreement.

    Legate claims he had an employment agreement with Malin that limited Malin's ability to terminate him at will. He also claims he was instrumental in bringing the Smith-Hamm merger to Malin and that the company used his name to obtain commercial benefit.

    The plaintiff is seeking compensation for services and labor of at least $200,000.

    Case No. 08CV0174

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