Insurer files plea in intervention seeking to recover benefits paid to plaintiff

By David Yates | Oct 3, 2012

Seeking to recover worker’s compensation benefits paid to a plaintiff in a personal injury lawsuit, Indemnity Insurance Company of North America has filed a plea in intervention.


As previously reported, Selwin Douglas filed a trip-and-fall lawsuit against Gulf Coast Machine and Supply on July 10 in Jefferson County District Court, alleging the company negligently failed to warn him of the steel beam in his path,

Court records show Indemnity Insurance filed its plea on Aug. 20, stating that it paid medical and income benefits on behalf of Douglas following the incident.

Indemnity Insurance is requesting the court protect its subrogation interest should Douglas settle the suit or receive a monetary judgment.

According to the lawsuit, on March 11, 2011, Douglas was working at Gulf Coast Machine’s Jefferson County premises as a contract employee when he tripped and fell over a steel beam.

Douglas alleges Gulf Coast Machine negligently left the beam in a walkway and failed to warn him of its presence.

He is suing for his alleged past and future medical expenses, mental anguish, pain, impairment and lost wages, plus all court costs.

Curtis Leister, attorney for the Beaumont law firm Reaud, Morgan & Quinn, represents him.

Indemnity Insurance is represented by attorney David Brenner of the Austin law firm Burns Anderson Jury & Brenner.

Judge Gary Sanderson, 60th District Court, is assigned to the case.

Case No. B192-665

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