At the request of the plaintiff, Total Petrochemicals USA has been dismissed from a trip-and-fall lawsuit.

League City resident Christy Myers filed suit against Total Petrochemicals on July 14 in Jefferson County District Court, alleging the company should have kept her from tripping over work materials.

Court records show that on Sept. 26 Judge Bob Wortham, 58th District Court, dismissed Total without prejudice.

A few days earlier, Myers had filed a motion for non-suit, stating that it was found that Total is a statutory employer and entitled to assert the exclusive remedy defense pursuant to the Worker's Compensation Act, court papers say.

The lawsuit alleges that on Sept. 20, 2010, Myers, an Industrial Scaffold employee working at Total's refinery, was carrying 60 pounds of foot runner when she tripped over another runner that was on the ground, injuring her neck, back, shoulder and knee in the fall.

She is seeking damages for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Houston attorney Harold Eisenman represents her.

Total was represented by Houston attorney Michael S. Wright.

Case No. A190-517

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