SE Texas Record

Monday, December 9, 2019

Defendants non-suited from deliveryman’s wasp attack suit

By David Yates | Oct 18, 2012

Jones marvin

Baton Rouge resident DeMeatris Davis has non-suited the defendants he held responsible for a group of wasps attacking him and causing him to fall into a deep storage container.

As previously reported, Davis filed the lawsuit June 14 in Jefferson County District Court against Thomas Fuels Lubricants and Chemicals and C.L. Thomas.

Court records show the defendants answered the suit on July 18, asserting a general denial and requesting that the litigation be transferred.

On Sept. 27 David filed a notice of non-suit, dismissing his claims against Thomas Fuels Lubricants and Chemicals and C.L. Thomas.

Davis claimed he was working at a job that delivered fuels to different sites. As part of his job, Davis was required to unload fuel from customers’ large storage containers into his truck, then transport the fuel to another location.

While working on Nov. 8, 2011, Davis went back to a customer’s storage container to make sure it had been emptied. Suddenly, without warning, a slew of wasps from a nearby tree began attacking Davis, the complaint says.

Davis, who has a life-threatening allergy to the bees, claims he was trying to escape when he fell from the truck headfirst into the empty storage container.

“In order to avoid impact to his head, Plaintiff attempted to break his fall with his right hand,” the suit states.

Davis was seeking an unspecified judgment, plus costs, pre- and post-judgment interest at the maximum legal rate and other relief the court deems just.

Donald S. Worley of McDonald Worley in Houston represents him.

Amarillo attorney Marvin Jones of Sprouse Shrader Smith represents the companies.

Judge Milton Shuffield, 136th District Court, is assigned to the case.

Case No. D192-565

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