Defendants non-suited from case filed by man who fell off ladder

By David Yates | Oct 17, 2013

Two company defendants have been non-suited in a suit brought by a Hardin County man who claimed he lost consciousness and fell off a ladder.

As previously reported, Corey Babineaux filed suit against Echo Maintenance and Alon USA on Nov. 23, 2011, in Jefferson County District Court, claiming fumes emanating from a heater caused him to fall and hurt his neck.

Court records show that on Sept. 17 the plaintiff filed a notice of non-suit, stating that he resolved his claim with both defendants.

The suit alleged that on July 9, 2011, Babineaux, an Echo Maintenance employee at the time of the incident, was on a ladder working on a gas heater at Alon USA in Big Spring when hydrogen sulfide began leaking from the heater and caused him to lose consciousness and fall.

Babineaux claimed he hit a scaffold on the way down, injuring his back and neck.

The maintenance worker alleged Alon USA negligently failed to inspect and maintain its premises.

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

The suit was filed through Beaumont attorney Clay Dugas. Court records show that on Feb. 14, 2012, Babineaux filed a notice of appearance of solo practitioner Jason Cansler and Brian Sutton of Sutton & Jacobs, deeming them as attorneys of record.

Houston attorney Joseph Ziemianski of Cozen O’Connor represents Alon.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E191-388

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