Defendant companies seek to designate injured man’s employer as responsible party

By David Yates | Nov 13, 2013

Two defendant companies have filed a motion for leave to designate responsible third party in an injury lawsuit, asserting the plaintiff’s employer is responsible for his injury.

As previously reported, Frio County resident Albert Bustamante filed suit against Nabors Drilling USA and Milagro Exploration on Dec. 21 in Jefferson County District Court.

Court records show the defendants filed their motion on Sept. 10, stating that the plaintiff’s injury occurred because of the negligence of his employer, Timco Services.

The defendants are requesting that a jury be allowed to determine who is at fault, them or Timco, by listing Timco on the jury verdict form.

According to the lawsuit, on Dec. 24, 2010, Bustamante was injured while in the employment of Timco Services.

The suit does not state where or how the injury occurred, nor does the suit state why venue is proper in Jefferson County.

The suit accuses the defendants of being engaged in a dangerous activity and that he was injured as a result of their negligence.

The suit does not list any specific acts of negligence.

Bustamante is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.

He also seeks recovery for a worker’s compensation lien of $50,000.

San Antonio attorney Kevin Miller represents him.

The defendants are represented in part by Beaumont attorney Russell Heald of Lewis Brisbois Bisgaard & Smith LLP.

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

Case No. B193-736

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