A Pearland man is suing Shell Oil Co. over injuries he suffered in an explosion at a Louisiana refinery, according to a lawsuit filed in the Harris County 215th District Court on December 10, 2018.
A lawsuit filed in Galveston claims that a League City daycare center's negligence resulted in the death of a three-month-old girl. Galveston County District Court records show that Jared and Lindsey McNeel allege that Kiddie Academy International, Inc.; Bullock's Bright Beginnings, L.L.C.; and Cory and Summer Bullock, individually and doing business as Kiddie Academy of League City, were responsible for the suffocation death of the McNeels' infant daughter, Skylar Mae McNeel.
Firm Partner Benny Agosto, Jr. and Associate Kelly Woods will be investigating a recent incident involving a worker who was killed in an industrial accident at Houston Tubulars, Inc. on 13600 Hatfield Road in Pearland, Texas. The site is just west of Mykawa Road and north of Broadway. According to a listing for the National Association of Steel Pipes Distributors, Houston Tubulars is a pipe reconditioning company.
In a 9-0 opinion issued today, the Texas Supreme Court adopted the so-called "sham affidavit rule" for summary judgment proceedings in Texas courts. This rule, which has long been applied in federal courts, allows judges to disregard an affidavit offered in opposition to a motion for summary judgment when the affidavit conflicts with the affiant's prior sworn testimony and "does not provide a sufficient explanation for the conflict." Practitioners and litigants in Texas courts should be aware of this rule when filing or responding to a motion for summary judgment or preparing for a deposition.
In January of this year, the 26-year-old Byron Jones died when he fell into a tire shredder at Genan, Inc., a tire recycling plant in Sheldon, Texas. Genan, Inc. opened their Houston recycling plant in 2014; the company also has recycling plants in Germany and Denmark. According to the Genan, Inc. website, the Sheldon plant is the largest recycling facility in the world, taking in 100,000 metric tons of tires yearly.
On or about October 17, 2015, a family and their children visited a Church's Chicken restaurant located at 1949 FM Road 2234, Missouri City, Texas 77489, to purchase their family dinner for the evening. This Church's Chicken was owned, operated, managed and/or controlled by Defendants MSK Enterprises, Inc. and Silvestri Investments, Inc. The family's little boy was outside the restaurant with his cousin, while the rest of his family waited inside for the food order to be completed. The little boy was next to an exterior wall composed of cement bricks. Suddenly and without warning, the wall began to collapse, and cement bricks fell on top of the little boy, burying him beneath. He was 9 years old at the time and weighed only 39 pounds. As a result, the little boy sustained serious and permanent injuries, including but not limited to, a right subtrochanteric femur fracture necessitating surgery and nail and screw locking implants.
In addition to finding that property owner's agents are not provided protections under Chapter 95 of the Texas Civil Practices and Remedies Code, the recent opinion by the Texas Supreme Court in Ineos USA, LLC vs. Elmgren also found that Chapter 95 only applies when the worker is injured by the same improvement the contractor (or its employee) is working on.