Plaintiff who sued after falling out of bed seeks continuance

By David Yates | Jan 28, 2013

With a trial date looming next month, plaintiff Maximo Schmidt, a deckhand who fell out of his bunk bed while serving aboard a dredge vessel, has filed a motion for continuance.

As previously reported, on Nov. 2, 2011, Schmidt filed suit against Mike Hooks Inc. in Jefferson County District Court, alleging the fall was “due to inadequate lighting.”

Court records show on Jan. 18 the plaintiff filed an unopposed motion to continue trial date, stating that both parties have significant discovery that still needs to be completed.

On Dec. 2, 2011, Hooks answered the suit, asserting Schmidt negligently injured himself by failing to exercise a degree of caution for his own safety, court records show.

Hooks' answer further states that Schmidt’s alleged injures arose out of certain risks that were plainly observable and obvious.

The suit alleges that on Sept. 16, 2011, Schmidt was assigned to the dredge vessel and was performing his regular duties as a deckhand.

“Plaintiff seriously injured his back … when he fell out of his bunk-bed, due to inadequate lighting and a faulty bunk-bed support and ladder,” the suit states.

Schmidt alleges his injuries were the result of the defendant’s negligence.

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

Houston attorney Anthony Buzbee represents him.

Hooks is represented by Houston attorney Susan Wilson of the Spencer Crain Cubbage Healy & McNamara law firm.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E191-289

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