The attorney for a woman who claims she was never served with a subpoena has filed a motion to quash her impending oral deposition in a wrongful death lawsuit filed against Motiva and Bo-Mac Contractors.

Attorney Charles Morse filed the motion on Oct. 18 on behalf of Mary Morris, a non-party in the lawsuit.

The suit was filed by the wife and children of the late Martin Lopez in June, alleging he was alone at work when he suffered a heart attack and fell into a hole full of mud and water.

Widow Lucy Lopez claimed her husband was working for Bo-Mac Contractors on Motiva's premises when he suffered a heart attack on Nov. 2, 2009, court papers say.

"Although policy required a worker be with Plaintiff while he worked in the hole, none were around," the suit states.

"Martin Lopez fell face down in the hole where there was an accumulation of water. When Martin Lopez was found, CPR was done on him, but he later died. Mud and water was found in Martin Lopez throat and lungs, indicating he was alive and ingesting the muddy water while he attempted to breath."

Morse says his client Morris was never served with a discovery subpoena, a violation of Texas Civil Code, according to the motion. He further contends the deposition notice is vague.

The Lopez family is suing for all wrongful death damages allowable under law.

Jerry Pusch of Houston represents them.

Judge Bob Wortham, 58th District Court, presiding.

Case No. A187-206

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