Discovery heating up in injury suit against Motiva

By David Yates | Oct 30, 2013

Discovery is still ongoing in litigation brought by Port Arthur local James Kaiser, who sued Motiva Enterprises for injures he received to his wrist when he stepped onto a ballast and fell.

As previously reported, the suit was filed Jan. 23 in Jefferson County District Court.

Court records show Kaiser filed a certificate of discovery on Aug. 20, showing he submitted his answers and objections to Motiva’s first set of interrogatories and request for production.

The lawsuit alleges that on Feb. 2, 2011, Kaiser and his crew were cleaning out coke drums at Motiva’s premises, which required them to operate and switch railcars.

At the time of the incident, Kaiser was required to step off a boxcar so he could observe when the last car passed the switch.

“As he stepped off the car and onto the ballast, Mr. Kaiser fell on a slab concealed by the ballast and injured his wrist,” the suit states. “Plaintiff could not appreciate the danger as it was concealed.”

The suit accuses Motiva of negligently failing to inspect and maintain its premises and warn its contractors of the hazardous condition.

Kaiser is suing for his alleged past and future medical expenses, mental anguish and impairment.

Attorney Jane Leger of the Provost Umphrey Law Firm in Beaumont represents him.

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

Case No. E193-850

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