BEAUMONT – Jefferson County, known in some circles as a plaintiff - friendly venue, will no longer be host to a personal injury lawsuit, as the Ninth Court of Appeals has found the litigation belongs in Howard County.
Plaintiffs Douglas and Christa Gray brought the suit in question. In 2014, Douglas was working on a flange suspended by a sling when the sling broke and the flange fell on him.
The Grays filed suit against 10 defendants in Jefferson County, even though the incident occurred in Howard County.
One of the defendants, Berry GP (Bay Ltd.), sought to transfer the case to Howard County, but was shutdown by Judge Gary Sanderson, 60th District Court, prompting the appeal.
On Appeal, Berry GP argued Judge Sanderson’s decision “legitimized forum shopping,” the company’s brief states.
On Nov. 3, the Ninth Court directed Judge Sanderson to vacate his order and grant the motion to transfer.
“Given the number of parties and the abuse of the judicial system that will occur if the case is allowed to remain in Jefferson County, we conclude that the circumstances of this case are exceptional such that mandamus relief is warranted,” the opinion states.
Alon USA, another defendant in the case, also asked the Ninth Court to grant Berry GP’s petition.
Douglas was working at Alon USA’s facility in Howard County when he was injured.
The Grays had argued that mandamus relief is inappropriate because the trial court’s venue ruling concerns a permissive venue statute.
Maintaining venue was proper in Jefferson County, the Grays alleged that Alon USA contracted with Gulfspan Industrial to perform work at Alon’s facility, that the Alon/Gulfspan Industrial contract covering the work Douglas was doing when he was injured was negotiated and executed in Jefferson County, and that the contract documents created “all or part of the duties and obligations owed by defendants to plaintiffs,” the opinion states.
Justices found that the Grays, in their petition, failed to allege any facts regarding the transactions or occurrences that allegedly occurred in Jefferson County that caused Douglas’ injuries.
Berry GP is represented by Randy Donato, attorney for the Donato, Minx, Brown & Pool law firm in Houston.
The plaintiffs are represented by Beaumont attorneys Paul Ferguson Jr. and Cody Dishon of The Ferguson Law Firm.
Appeals case No. 09-16-00292-CV
Trial case No. B-197520