Motiva Enterprises recently filed a motion for leave to designate a responsible third party in a personal injury lawsuit.
Alleging a Motiva employee struck his Mule with a Bobcat, Jose Cantu has filed suit against the refinery on Dec. 11 in Jefferson County District Court, seeking more than $1,000,000 in damages.
However, on Nov. 12 Motiva filed its motion asserting the evidence shows a Burrow Global was driving the vehicle that caused the incident, court records state.
Motiva maintains that Burrow therefore should be submitted on the jury verdict form so the jury may allocate full pursuant to the responsible third party statute.
According to the lawsuit, on March 27, 2012, Cantu was driving a Kawasaki Mule and was stopped on the side of South R Street in Port Arthur when a Bobcat 3400, allegedly driven by a Motiva employee, struck his vehicle.
The suit alleges the employee failed to control his rate of speed and further accuses Motiva of negligent entrustment.
The plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain, impairment and lost wages.
McAllen attorney Ricardo Garcia of Garcia & Karam represents him.
Motiva is represented by Nicholas Baldo, attorney for the Stevens Baldo Freeman & Lighty law firm in Beaumont.
Judge Kent Walston, 58th District Court, is assigned to the case.
Case No. A195-035