Parties in roofer's injury lawsuit seek new trial date

By John Suayan, Galveston Bureau | Feb 26, 2013

GALVESTON - The parties in a March 2012 lawsuit stemming from a Houston roofer's alleged fall seek approval for their unopposed motion for continuance from a local district judge. 

Plaintiff Ulber Escobar and defendants Mesa Mechanical Inc., S.T.S.P. Inc. and Ardent Construction LLC filed the four-page motion Feb. 13, awaiting an order from Galveston County 122nd District Court Judge John Ellisor.

Escobar launched the litigation on March 20, 2012, exactly a month after he supposedly fell through a hole in a roof of a new building on which he was working as an employee of S.T.S.P.

The original petition targeted Mesa Mechanical for the 8-inch rectangular hole which Escobar claims was covered with three pieces of ply board that were "just resting."

“Mr. Escobar was working next to the hole when he lost his balance,” the original petition says.

“He placed his hand out to catch himself and when his hand came into contact with the board it flipped up causing him to fall 18 feet, striking the concrete floor of the level below the roof.”

Escobar edited his complaint on April 10, 2012, to include his employer and again two weeks later adding Ardent Construction.

He would eventually amend the suit a total of five times, causing the respondents to change to their replies.

According to the continuance request, the parties want the trial setting to be changed from Apr. 1, 2013.

It adds Ardent Construction recently changed attorneys.

Meanwhile, counsel for the other respondents showed no opposition toward a potential switch in the trial date.

Case No. 12-CV-508

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