Suit claiming woman tossed by backhoe dismissed for want of prosecution

By David Yates | May 23, 2012

A lawsuit brought by plaintiff Ruby Clurksy, who sued after being swung around by a backhoe, has been dismissed for want of prosecution.

In October 2009, Clursky sued ABClean and Motiva Enterprises, alleging an ABClean employee fell asleep while operating a backhoe and accidentally lifted her off the ground.

Court records show that ABClean, acting as a third-party plaintiff, filed a motion for summary judgment Jan. 4, 2011, arguing Clurksy already received worker's compensation for the injury.

On May 6, 2011, Judge Floyd granted the motion, ruling that Clurksy take nothing.

A year later, Judge Floyd issued an order of dismissal on March 7, after the pro se party failed to attend a hearing on whether or not the case will be dismissed for want of prosecution.

The suit alleged Clursky was working for L.C. Personnel Inc. on Dec. 3, 2008, on property owned by Motiva Enterprises when the incident occurred.

"The backhoe operator fell asleep and when he woke up his jacket hung over the lever of the backhoe," the suit states.

"The backhoe then caught the Plaintiff, Ruby Clursky, and lifted her off the ground and swung her back and forth resulting in the injuries and damages complained of herein."

Houston attorney Daniel Fulkerson of the Lorance & Thompson law firm represented ABClean.

Case No. E185-010

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