Although Chaparral Energy argues there is no evidence that the company is responsible for Jesus Luis Rivera falling off his horse while trying to roundup a stray calf, the motion was denied.
As previously reported, on April 15, 2011, Rivera and his wife, Martina, filed suit against Chaparral Energy - the owner of the premises where the incident occurred - and the owner of the horse, George Bean, in Jefferson County District Court.
On Nov. 30 Chaparral filed a motion for summary judgment, asserting there is no evidence to support Rivera's claims of negligence.
In its motion, Chaparral argued that it did not own the property were the incident occurred.
Judge Gary Sanderson, 6oth District Court, denied the motion on May 24, court records show.
According to the lawsuit, on July 19, 2009, a stray calf got loose. Rivera took off on Bean's horse to roundup the animal when he "became dislodged from the horse."
Rivera alleges Bean should have made sure he was capable of riding the horse beforehand and that Chaparral Energy also negligently failed to maintain its gates and fences.
Rivera is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
His wife is suing for loss of consortium.
Provost Umphrey attorney Paul Ferguson Jr. represents them.
Sugar Land attorney Randy Fairless of Johanson & Fairless represents the defendant.
Case No. B189-796