TEXARKANA, Texas Ã¯Â¿Â½ While walking between fuel pumps at a gas station in New Boston, Texas, Corey Jones slipped in oil and fell.
Jones believes his injuries are caused by the "unreasonably dangerous condition" the oil presented.
Jones filed a personal injury lawsuit against Valero Energy Corporation and Big Diamond Corporation on Oct. 9, 2008 in the Bowie County Court. The defendant transferred the case to federal court, Texarkana division of the Eastern District of Texas on Nov. 12, 2008.
According to the amended complaint, "plaintiff had no knowledge of the dangerous condition and could not have reasonably been expected to discover it prior to the incident."
Further, Jones states the defendants had a duty to remedy the oil spill or adequately warn of the dangers.
The defendants deny Jones allegations and respond arguing that
Jones "should have reasonably been expected to discover any dangerous condition, if any, and that the oil, if any, which the plaintiff complains of was in plain view to anyone walking in the fuel bay in a reasonable manner, and plaintiff would have seen the oil and avoided it if he had been exercising ordinary care for his safety."
Jones is seeking damages for physical disability, pain, suffering, mental anguish, medical charges, lost income and loss of earning capacity.
Texarkana attorney Michael Friedman of the Friedman Law Offices is representing the plaintiff.
U.S. District Judge David Folsom is assigned to the litigation and has referred the case to Magistrate Judge Caroline Craven for pre-trial proceedings.
Case No 5:2008cv00193