SE Texas Record

Wednesday, September 18, 2019

Injured HMT Tank Service employees allege company waived its right to subrogation

Lawsuits

By Kristine Gonzales-Abella | Aug 2, 2018


BEAUMONT – Two employees of a Houston-based company are seeking relief regarding a separate suit over an auto accident.

Lionel Staggs and Braiden Harmon filed a complaint on July 16 in the Jefferson County District Court against HMT Tank Service LLC seeking declaratory relief.

According to the complaint, the plaintiffs allege that on Jan. 13, Lionel Staggs and Braiden Harmon were in the course and scope of their employment with defendant when they were injured in a motor vehicle collision due to the carelessness of an underinsured motorist. A suit was filed in the matter, the suit states.

The suit states the defendant was a subscriber to the Texas Workers' Comp Act but did not file benefits under this coverage. The plaintiffs allege the defendant is attempting to assert a lien in the case, which would result in the payment of proceeds in a settlement to it.

The plaintiffs allege that the defendant waivered its right to assert a subrogation because it failed to avail itself under the Workers' Comp Act.

The plaintiffs seek all damages, pre- and post-judgment interest, attorney's fees, costs and such other and further relief to which they may be justly entitled. They are represented by B. Adam Terrell of Weller, Green, Toups & Terrell LLP in Beaumont.

Jefferson County District Court case number B-202068

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Jefferson County District Court Weller, Green, Toups and Terrell LLP

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