Discovery certificate filed in injury suit against Modular Space

Defendant Thomas Sumlin recently filed a certificate of discovery in an injury case, acknowledging he received fellow defendant Modular Space's request for disclosure.

In May, plaintiff Faye Smith on behalf of her recently deceased husband, Willard Smith, filed a lawsuit against Modular Space and Sumlin.

According to the petition, Willard fell through a rotted floor of a Modular Space trailer on Oct. 28, 2008, which had been installed at his workplace a year before to serve as a break room. After the fall, he underwent spinal surgery.

Six months after the petition was filed, court records show discovery is well underway, with Sumlin filing a certificate of discovery on Nov. 10.

Because of the fall, Willard incurred medical costs, including surgical costs to treat his spine; experienced extreme physical pain, disfigurement, suffering and mental anguish; and lost earnings, according to the complaint.

In her suit, Faye blames the defendants for causing her husband's injuries, saying they failed to provide a safe trailer, failed to properly maintain the trailer and failed to properly inspect the trailer.

Faye seeks an unspecified judgment, plus interest, costs and other relief the court deems just.

Jill S. Chatelain of McPherson, Hughes, Bradley, Wimberley, Steele and Chatelain in Port Arthur represents her.

Sumlin is represented by Houston attorney Keith Slade of Tucker, Taunton, Snyder & Slade.

Modular Space is represented by Germer Gertz attorney David Merkley.

Judge Milton Shuffield, 136th District Court, is presiding over the case.

Case No. D186-799