Alon USA seeks to quash depositions in suit filed by man who fell off ladder

By David Yates | Feb 15, 2013

Alon USA is seeking to stop depositions in a suit brought by a Hardin County man who claims he lost consciousness and fell off a ladder.

As previously reported, Corey Babineaux filed suit against Echo Maintenance and Alon USA on Nov. 23, 2011, in Jefferson County District Court, claiming fumes emanating from a heater caused him to fall and hurt his neck.

Alon filed its motion to quash deposition notices on Feb. 5, saying its primary defense attorney is leaving the law firm and the re-assigned counsel has limited knowledge and not able yet to discern the identities of the appropriate witnesses sought by the plaintiff.

Plaintiff served his deposition notices for Alon employees on Feb. 1, court papers say.

The suit alleges that on July 9, 2011, Babineaux, an Echo Maintenance employee at the time of the incident, was on a ladder working on a gas heater at Alon USA in Big Spring when hydrogen sulfide began leaking from the heater and caused him to lose consciousness and fall.

Babineaux claims he hit a scaffold on the way down, injuring his back and neck.

The maintenance worker alleges Alon USA negligently failed to inspect and maintain its premises.

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

The suit was filed through Beaumont attorney Clay Dugas.

Court records show that on Feb. 14, 2012, Babineaux filed a notice of appearance of solo practitioner Jason Cansler and Brian Sutton of Sutton & Jacobs, deeming them as attorneys of record.

Houston attorney Joseph Ziemianski of Cozen O’Connor reresents Alon.

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

Case No. E191-388

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