ExxonMobil files summary judgment motion in injury case

By David Yates | Oct 4, 2010

Hoping to end a two-year old personal injury suit, ExxonMobil recently filed a motion for summary judgment.

In March 2008, the Southeast Texas Record reported on litigation brought by Joel Jones, a delivery man who claims a routine drop-off at ExxonMobil's Beaumont plant went sour after one of the oil company's employees switched on a conveyor belt while he was unloading the cargo.

In his suit, Jones says on Feb. 11, 2007, his foot was caught in the conveyer belt when the ExxonMobil worker allegedly flipped the "on" switch prematurely.

On Sept. 15 ExxonMobil filed its motion for summary judgment, arguing that Jones has failed to produce any evidence of negligence.

"There is no evidence that any of ExxonMobil's employees were in the area of the on/off button for the conveyer system or that any employees activated the system," the motion states. "Therefore, there is no evidence that ExxonMobil's employees were negligent."

A hearing on the matter has been tentatively slated for Oct. 8 in Judge Donald Floyd's 172nd District Court.

Jones suit alleges ExxonMobil negligently failed to properly screen, hire, train and monitor its employee.

"Defendant failed to provide the proper training and instruction to its employee that would have provided him with the proper skills and knowledge to operate the conveyor system which forms the basis of this lawsuit," the suit states. "Defendant's failure in this regard was a proximate cause of the accident and Plaintiff's resulting injuries and damages."

Jones further claims ExxonMobil maliciously allowed the incident to occur, entitling him to punitive damages, court papers say.

He is also suing for past and future medical expenses, mental anguish, impairment, lost wages and loss of enjoyment of life.

ExxonMobil is represented by Houston attorney Van Gardner of Handlin & Associates.

Jones is represented by Vuk Vujasinovic of the Vujasinovic and Beckcom law firm in Houston.

Case No. E181-404

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