BEAUMONT — The Ninth Court of Appeals recently issued a mandate affirming a district judge’s decision not to dismiss a personal injury lawsuit brought against AMEC Foster Wheeler USA.
Jared Maricelli filed suit against Foster Wheeler, Fluor Enterprises, Triple "S" Industrial Corporation and Wyatt Field Service Company, alleging he sustained injuries when a threaded pipe connection unexpectedly rotated and struck his body.
On April 30, the Ninth Court found Judge Mitch Templeton, 172nd District Court, correctly denied Fluor Enterprises’s motion to dismiss.
Court records show a motion for rehearing was denied. A petition for review in the Supreme Court was also denied. On Nov. 12, the Ninth Court issued the mandate.
Case background
Fluor Enterprises filed a motion to dismiss the complaint because the certificate of merit that was filed did not reference Fluor Enterprises by name.
Fluor also argued that the error could not be cured by amendment, and that, because of that, Maricelli's claims against Fluor should be dismissed.
Foster Wheeler made the same argument and on July 2 the Ninth Court affirmed Judge Templeton’s ruling, finding that although the allegations in the original certificate may be “poorly worded,” the justices cannot say the trial court erred in denying the motion to dismiss.
“We cannot say the trial court acted arbitrarily or unreasonably, without reference to any guiding rules and principles, in determining the certificate of merit meets the threshold requirement and is sufficient for section 150.002 purposes,” the opinion states. “Accordingly, the trial court did not abuse its discretion in denying Foster Wheeler’s motion to dismiss.”
Maricelli is represented attorney Jane Leger of the Ferguson Law Firm.
Foster Wheeler is represented by Johnson Deluca Kurisky & Gould.
Texas Ninth District Court of Appeals case number: 09-19-00121-CV