Motion to dismiss granted in injury suit against CMC Recycling

By David Yates | Apr 12, 2013

A Vidor woman’s motion to dismiss has been granted in her suit against CMC Recycling, which alleged she received injuries when she slipped on a scrap metal scale. 

Seeking more than $660,000 in damages, Patricia Adams filed suit against Commercial Metals, doing business as CMC, on Sept. 16, 2011, in Jefferson County District Court.

Court records show that on July 30 Adams filed a motion to dismiss, stating that the parties had settled and compromised the matter.

The following day, Judge Gary Sanderson, 6oth District Court, dismissed CMC with prejudice.

The lawsuit alleged that on Sept. 22, 2009, Adams drove a pickup truck loaded with scrap metal to CMC’s Beaumont facility, where she was directed to drive up onto a scale.

Adams claimed it had been raining that day and a voice on a loudspeaker instructed her to exit the vehicle and present her drivers license to the office.

“Having exited from the … truck, plaintiff took a few steps … and turned to her right to walk towards the office,” the suit states. “As she walked towards the slope that led to the office, she suddenly slipped and fell on the wet scale.”

The suit accused the defendant of negligently failing to warn Adams of the danger of walking on a wet scale and for instructing her to do so.

Adams was seeking $90,000 in medical expenses, $425,000 for her mental anguish and physical pain, $24,000 in loss of household services, plus $125,000 for her impairment.

Houston attorney Alex Alessie represented her.

Case No. B190-922

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