Jan. 29

  • Alice Washington vs. Capitol County Mutual Fire Insurance Co. et al

    PA - Steve Mostyn, J – Milton Shuffield

    The plaintiff is suing the insurance company and one of its agents for allegedly refusing to pay at least a portion of her Hurricane Rita claim.

    The plaintiff claims the defendants breached their contract and are guilty of several insurance code violations.

    She is seeking actual and consequential damages.

    D183-157

    Feb. 3

  • David Higgins and Robert Hebert vs. Golden Pass LNG et al

    PA – Adam Terrell, J – Milton Shuffield

    Two local fishermen have filed suit against Golden Pass Pipeline, alleging the company's unburied pipeline caused them to sustain injuries after their boat ran over it.

    David Higgins and Robert Hebert were in their boat on Keith Lake in Jefferson County on Nov. 26 between 4 and 5 a.m. when their boat struck the unmarked pipeline.

    "The danger of a boat colliding with the pipeline in question was reasonably foreseeable, in that the pipeline was not buried and was unmarked, unlighted, and therefore virtually invisible in the evening and early morning hours when boats would be reasonably expected to be on the water," the suit states.

    Because of the incident, Higgins and Hebert claim they suffered serious personal injuries that resulted in physical impairment and disfigurement.

    D183-200

    Feb. 4

  • Jennifer Martinez vs. Louis Delna

    PA – Ryan White, J – Bob Wortham

    On Feb. 16, 2007, the plaintiff was stopped at a stop light at the intersection of 39th and Memorial in Port Arthur when the defendant rear-ended her vehicle.

    The plaintiff alleges the defendant driver negligently failed to keep a proper lookout and is suing for past and future mental anguish, lost wages, medical expenses and impairment.

    A183-212

  • Diasheena Byrd vs. Doucet Plumbing Inc.

    PA – Jason Payne, J – Milton Shuffield

    On Sept. 18, 2008, one of the corporate defendant's employees ran a stop sign and caused an automobile collision while on duty.

    The plaintiff alleges the defendant driver negligently failed to keep a proper lookout and is suing for past and future mental anguish, lost wages, medical expenses and impairment.

    D183-214

  • Charles and Wanda Sanchez vs. Texas Farm Bureau Mutual Insurance Co.

    PA – Wyatt Snider, J – Gary Sanderson

    The plaintiffs are suing the insurance company for allegedly refusing to pay at least a portion of their Hurricane Ike claim.

    The plaintiffs claim the defendants breached their contract and are guilty of several insurance code violations.

    They are seeking actual and consequential damages.

    B183-215

  • Charles Bond vs. Mylan Pharmaceuticals Inc. et al

    PA – Michael McGown, J – Milton Shuffield

    Three Jefferson County residents have filed separate suits against Mylan Pharmaceuticals, alleging they suffered physical pain after they took the prescription drug Digitek, which they claim contained twice the approved level of its active ingredient.

    The drug, which is normally prescribed to treat various heart conditions, including atrial fibrillation, atrial flutter and congestive heart failure, was recalled on April 25.

    The plaintiffs are Herman Barnes, Charles Bond and Imogene McGann.
    The suits name Mylan Pharmaceuticals Inc., Mylan Bertek Pharmaceuticals Inc., UDL Laboratories Inc., Actavis Totowa LLC and Actavis Group hf as defendants.

    Digitek (Digoxin) has a narrow therapeutic index, and thus has a limited margin between effectiveness and toxicity, according to the suits.

    Mylan placed the drug into the stream of commerce when it knew the drug posed a significant risk to the health, well-being and safety of McGann, Bond and Barnes, the suits state.

    McGann, Bond and Barnes are seeking actual and exemplary damages, pre- and post-judgment interest, costs and other damages to which he may be entitled.

    Bond vs. Mylan Pharmaceuticals, Case No. D183-217
    McGann vs. Mylan Pharmaceuticals, E183-218
    Barnes vs. Mylan Pharmaceuticals, Case No. B183-219

    Feb. 5

  • Candace Bourliea vs. Ironhorse Trailers et al

    PA – Steve Parkhurst, J – Bob Wortham

    A Bridge City woman claims her toddler son was injured after he was able to unlatch a metal ramp attached to a trailer which then fell on him.

    In the lawsuit Candace Bourliea filed against five Beaumont companies, she claims the companies were at fault for her son Cameron's accident because there were no locks attached to metal pins that held the ramp in place.

    Defendants named in the suit are Ironhorse Trailers LLC, Mallard Transport LLC, Mallard Industries Inc., Mallard Industries Inc. doing business as Ironhorse Trailers and Kevin Jones doing business as Jones Trailer Sales.

    She is suing for exemplary damages.

    A183-222

  • Howell Cobb III et al vs. Kip Lamb et al

    PA - Howell Cobb, J – Donald Floyd

    On behalf of their minor son, the plaintiffs are suing the owners and driver of a golf cart that their son was injured in while a passenger.

    The plaintiffs are suing for past and future mental anguish, lost wages, medical expenses and impairment.

    E183-223

  • Salvador Ceja vs. Texas Windstorm Insurance Association

    PA – Wyatt Snider, J – Milton Shuffield

    The plaintiff is suing the insurance company for allegedly refusing to pay at least a portion of her Hurricane Ike claim.

    The plaintiff claims the defendants breached their contract and are guilty of several insurance code violations.

    She is seeking actual and consequential damages.

    D183-224

  • David and Andrea Nutt vs. Texas Windstorm Insurance Association

    PA – Wyatt Snider, J – Bob Wortham

    The plaintiffs are suing the insurance company for allegedly refusing to pay at least a portion of their Hurricane Ike claim.

    The plaintiffs claim the defendants breached their contract and are guilty of several insurance code violations.

    They are seeking actual and consequential damages.

    A183-225

    Feb. 6

  • Curtis Phillips vs. A.O. Smith Corp. et al

    PA – Bryan Blevins, J – Gary Sanderson

    A Texas man has filed an asbestos suit on behalf of his recently deceased relative against 27 defendant corporations, claiming the asbestos-related disease with which the deceased man was diagnosed was wrongfully caused.

    Curtis Blake Phillips claims Omar Rucker Phillips worked as a pipefitter and welder where he was required to work with or around asbestos-containing products and materials.

    Although Omar Rucker Phillips already sued for a non-malignant asbestos-related disease, Curtis Blake Phillips alleges his claim is allowable because Omar Rucker Phillips died from a different malignant disease than what was presented in his original suit.

    The plaintiff cites Pustejovsky vs. Rapid American Corp., a 2000 decision in which the Texas Supreme Court ruled that a victim may file an additional suit for asbestos-related cancer if he develops a second illness from the same cause at a later date.

    Curtis Blake Phillips states the defendants were negligent because they did not adequately test products before putting them into the stream of commerce, according to the lawsuit.

    B182-228

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