Dow Chemical Co. formally responds to Harris Co. man's pipe-to-head suit

GALVESTON - One of the companies sued after a Harris County man was allegedly hit in the head with a pipe in June recently denied his allegations, according to recent court records.

The Dow Chemical Co. entered an original answer late last month into Jonathan Tamez's personal injury lawsuit.

Tamez alleges Dow, Cajun Constructors Inc. and Cajun Industrial Design & Construction LLC are to blame for a June 20 incident at Dow's Texas City facility that left him with injuries to his head, brain, neck and other parts of his body.

“The defendants were subjectively aware of the extreme risks posed by the conditions which caused the plaintiff’s injuries, but did nothing to rectify them,” the original petition says.

In its four-page response, Dow asserts Tamez's claim "arises from a condition or use of an improvement to real property," insisting "it did not exercise or retain control over the manner of work being performed by the general contractor or subcontractors."

Dow adds the complainant's alleged damages "are the result of the acts of third parties for whom it has no responsibility."

Attorney Jack C. Brock of Mills Shirley L.L.P. in Galveston is representing the defendant.

Cause No. 70,248