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SOUTHEAST TEXAS RECORD

Friday, March 29, 2024

Defendant non-suited in dockworker’s suit over fall off ladder

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A defendant has been partially non-suited in litigation brought by Beaumont resident Clemente Flores Jr., who originally sued three companies for injuries he received after a ladder slipped, causing him to fall and break his leg.

As previously reported, Flores, under the Longshore and Harbor Workers’ Compensation Act, filed his suit against BBC Chartering USA, H20 Production Systems and Boumans & Associates on Sept. 25, 2011, in Jefferson County District Court.

Court records show that on Aug 14 an order was filed showing that Universal Contractors, a party later added to the suit, had been partially non-suited, dismissing the company with prejudice.

According to the lawsuit, on Sept. 18, 2010, Flores, a Shippers Stevedoring employee, was working at the Port of Beaumont helping to unload a ship.

“Plaintiff was climbing up a ladder from the hold to the deck of the ship,” the suit states. “Even though two of plaintiff’s coworkers were holding the ladder, it slipped and plaintiff fell to the deck below.”

Flores claims he broke his leg in the fall. The broken bone developed an infection.

The suit accuses the defendants of failing to maintain the work area and failing to provide a safe place to work.

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

Beaumont attorney Steven Barkley represents him.

Universal Contractors is represented by Houston attorney David Medack of Heard & Medack.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A190-995

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