Wrongful death claim non-suited by plaintiff

By John Suayan, Galveston Bureau | Jan 16, 2012

GALVESTON - A local state district judge recently approved a Huntsville man's motion to non-suit his late son's employer.

Galveston County 122nd District Court Judge John Ellisor issued an order in support of Robert A. Hicks Sr.'s request to no longer prosecute wrongful death claims against Halcumb Air Conditioning & Refrigerating on Nov. 17.

Robert A. Hicks Sr. filed suit against Halcumb in June, claiming the business was responsible for the Aug. 28, 2010, death of Robert A. Hicks Jr.

The younger Hicks was working at a residence in the 2900 block of Avenue Q 1/2 in Galveston on Aug. 28, 2010, when he was electrocuted, according to the original petition.

The suit asserts Halcumb did not maintain workers compensation insurance under the Texas Labor Code.

Hicks Jr. was not married, had no children, owned no real property and did not owe two or more debts at the time that he died, therefore making administration unnecessary, the suit says.

The elder Hicks claims his son's death has caused him to suffer a loss of companionship and mental anguish.

Halcumb submitted its original response on July 21, insisting it had nothing to do with the passing of the decedent and the alleged incident was brought forth by third parties outside its control.

Attorney George D. Martin of Galveston represented the defendant.

Case No. 11-cv-971

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