Man alleges termination due to filing workers' comp claim

GALVESTON - Claiming he was fired for filing a workers' compensation claim over a job-related automobile accident, a Webb County man seeks $500,000 from his employer.

Terry Mitchell says he was injured on Oct. 19, 2008, while riding in a vehicle owned by BMS Catastrophe Inc. along a portion of Highway 6 in Galveston County, a lawsuit filed Sept. 29 in Galveston County District Court states.

According to the complaint, Mitchell was in the area at the time of the wreck to assist with post-Hurricane Ike cleanup efforts. He claims the defendant required employees to ride in company vehicles operated by their coworkers, prohibiting him from driving his own vehicle to and from the actual work sites.

The BMS Catastrophe vehicle carrying the plaintiff was abruptly and violently struck by another vehicle, the suit says.

Mitchell insists the company's handpicked driver was not qualified for the task and also blames Christine New - the other motorist involved and co-defendant in the case - for the collision.

He subsequently attempted to pursue an injury claim, but the defendant terminated him upon learning of the request, the suit says.

In addition to the specified monetary damages, a jury trial is requested.

Attorney John N. Mastin of San Antonio is representing Mitchell.

The case has been assigned to Galveston County 212th District Court Judge Susan Criss. 


Case No. 10-cv-3751