Brock Services is asserting there is no evidence of malice committed against Jerome Alexander, who sued the company for exemplary damages after a tool bucket fell from a scaffold and landed on his head without warning.

As previously reported, the suit was filed Nov. 4, 2011, in Jefferson County District Court and also names Premcor Refining Group and Brand Energy & Infrastructure Services as a defendant.

Court records show that on Oct. 7, Brock filed a no-evidence motion for partial summary judgment, arguing that Alexander is not entitled to exemplary damages.

In his amended petition, Alexander prayed for exemplary damages but did “not allege any facts to gross negligence or any facts that would warrant exemplary damages,” the motion states.

Brock is asking that the court rule in its favor as to all of Alexander’s gross negligence claims and claim for exemplary damages.

The lawsuit alleges that on March 3, 2011, Alexander, a K.T. Maintenance employee, was working at the Valero refinery in Port Arthur when a tool bucket fell off a scaffold and struck him in the head.

The suit alleges Brand Energy improperly constructed the scaffold and that Premcor, which owns Valero, negligently failed to warn him of the danger and provide a safe place to work.

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

The Beaumont law Offices of Gilbert T. Adams represents him.

Mehaffy Weber attorney Kathleen Kennedy represents Brock.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B191-303

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