BEAUMONT – State Automobile Mutual Insurance Co. has filed a complaint in a Texas court asking that it be excluded from defending Echo Maintenance, who is being sued for alleged negligence after a man was hit crossing the road after exiting a port-a-potty owned by the construction company.
The complaint will be heard in the Beaumont Division of Eastern District of Texas.
State Automobile Insurance claims the auto policy agreed upon by Echo Maintenance, when the incident occurred, does not cover the incident.
Jerry Lon Walker Jr., the injured party, alleges he was hurt on July 22, 2014, after being struck by a vehicle upon exiting a port-a-potty owned by Echo Maintenance at his workplace, Lucite International.
State Automobile Mutual Insurance Co. contends that its policy does not cover portable toilets, therefore it should not be named in the complaint.
The complaint also implicates the driver of the vehicle, Joseph Marcus Sistrunk. The truck Sistrunk was driving is owned by Lucite International.
The complaint states, “The vehicle operated by Sistrunk was owned by Lucite, and Sistrunk was an employee of Lucite at the time of the accident. The vehicle was not owned, borrowed or hired by Echo and the vehicle was not otherwise being utilized in the furtherance of any business of Echo.”
Walker also states in the complaint that, “Echo placed the port-a-potty at the designated location on the premises and was negligent in the placement of the port-a-potty.”
Walker is suing Echo Maintenance, Sistrunk and Lucite International for damages, including medical expenses, mental anguish, pain and suffering and loss of wages.
State Automobile Mutual Insurance Co. is represented by Nicholas J. Lanza and Teresa A. Carver of Lanza Law Firm PC.