Bo-Mac Contractors is asserting contributory negligence in a suit brought by Joseph Lemelle, who sued the company for injuries he received re-securing loose freight loaded by the company’s employees.
As previously reported, the suit was filed Feb. 21, 2012, in Jefferson County District Court.
On June 11 Bo-Mac amended its answer to assert that it had no duty to secure the load and the incident was caused by the plaintiff’s negligence, court papers say.
Court records further show that on Dec. 5 Judge Bob Wortham, 58th District Court, granted an amended discovery control plan motion, pushing the case back to the court’s September trial docket.
The petition states that on Feb. 22, 2010, Lemelle picked-up the load at a Bo-Mac facility in Rose City.
He was hauling the freight with his 18-wheeler tractor when load became loose, forcing Lemelle to attempt to re-secure the load, during which he injured himself.
The suit accuses the defendant of negligently failing to supervise the job site, train its employees and properly inspect and secure the load.
Lemelle is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
Houston attorney Jack Ivey represents him.
Beaumont attorney Howell Cobb III of Germer Gertz represents Bo-Mac.
Case No. A191-984