Chemtrade Refinery Services recently filed a motion to compel plaintiff Richard Turney, who injured his shoulder while flipping a rail switch, to produce X-rays and MRI films of "his allegedly-inured shoulder."
As previously reported, Turney filed suit against Union Pacific Railroad, his employer at the time of the incident, and Chemtrade on June 29 in Jefferson County District Court.
Chemtrade filed its motion to compel discovery on April 27, asserting that although the X-rays and MRI films "are of critical importance in this case," Turney "has improperly objected and refused to answer" the company's discovery requests, court papers say.
In its motion, Chemtrade requests that the court overrule Turney's objections and extend the deadline for the company to designate a medical expert from May 22 until 30 days after it has received all of Turney's medical records.
Turney filed a response on May 11 contending he has produced his medial records and has fulfilled his disclosure obligations, court papers show.
The lawsuit alleges on June 16 Turney was working at Chemtrade's refinery. He was attempting to line a "defective" switch when he injured his left shoulder.
Chemtrade negligently failed to maintain its premises and that UPR failed to provide him with a safe workplace, the suit alleges.
Turney is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, lost wages and disfigurement, plus all court costs.
Pearland attorney Bristol Baxley represents him.
Attorney Wade Jefferies of the Austin law firm Hohmann, Taube & Summers represents Chemtrade.
Judge Milton Shuffield, 136th District Court, has been assigned to the case.
Case No. D190-424