The most decorated U.S. soldier in World War II has finally been honored by his home state. On Oct. 28, Audie Murphy was posthumously awarded the Texas Legislative Medal of Honor, the highest military decoration that can be awarded to a member of the Texas Military Forces.

Audie Murphy

Gov. Rick Perry presented the award to Murphy’s last living sibling, Nadine Lokey, in a ceremony in the family’s hometown of Famersville.

Though he was only 21 years old at the end of the war, Murphy had killed 240 German soldiers, had been wounded three times, and had earned 33 awards and medals.

“More than four decades since his untimely passing, Audie Murphy lives on in the hearts and memories of a generation of Americans,” Gov. Perry said. “He personifies the traits that led America to victory in the Second World War and on other battlefields around the globe. Audie Murphy remains a shining example for anyone who believes in the importance of service, for generations now and into the future.”

Murphy joined the Army infantry in 1942. He saw his first combat as a private in Italy in July 1943 when the 3rd Infantry Division invaded Sicily, and he subsequently took part in the landing at Salerno, the Volturno River Campaign, the landing at Anzio, and the march on Rome.

In August 1944, Murphy’s division moved to southern France as part of Operation Dragoon. According to Biography.com, it was there that his best friend, Lattie Tipton, was lured into the open and killed by a German soldier pretending to surrender. Enraged by this act, Murphy charged and killed the Germans that had just killed his friend. He then commandeered the German’s machine gun and grenades and attacked several more nearby positions, killing all of the German soldiers there, Biography.com states. Murphy was awarded the Distinguished Service Cross for his actions.

He went on to receive continued promotions and decorations for valor before returning to the United States in 1945. He earned 28 medals before he turned 21 years old, including several from France and Belguim, for his valiant and courageous actions in combat during World War II.

Gov. Rick Perry, left, presents the Texas Legislative Medal of Honor posthumously to Nadine Lokey, center, the sister of Audie Murphy, the most highly decorated American soldier of World War II. At right is state Rep. Scott Turner, R-Rockwall, at the ceremony in Farmersville.

After the war, Murphy became an actor and appeared in more than 40 films, including playing himself in To Hell and Back, the story of his own military actions.

Murphy joined the Texas National Guard in 1950, after the outbreak in the Korean War, eventually attaining the rank of major. He transferred to the U.S. Army Reserve until his death in a plane crash in 1971. He was buried at Arlington National Cemetery on June 7, 1971, and was given full military honors.

In addition to the Texas Legislative Medal of Honor, he has also been awarded the Congressional Medal of Honor, Distinguished Service Cross, two Silver Stars, the Legion of Merit, two Bronze Stars and three Purple Hearts.

Biography.com says that Murphy suffered from post-traumatic stress disorder throughout his life.

AUSTIN (Legal Newsline) – Texas Attorney General Greg Abbott filed a lawsuit Monday against the Equal Employment Opportunity Commission for allegedly limiting the ability of employers to exclude convicted felons from employment. 

Abbott’s lawsuit alleges that the EEOC’s hiring guidelines unlawfully prohibit Texas employers and its agencies from imposing the state’s ban on hiring convicted felons for certain jobs. Texas state law prohibits certain state agencies from employing convicted felons. The EEOC’s guidelines prohibit Texas from categorically excluding convicted felons for certain jobs.

Abbott

“Once again, the Obama administration is overreaching its legal authority by trying to impose hiring rules on states that violate state sovereignty and – in this instance – endanger public safety,” Abbott said. “Texas has an obligation to enforce its absolute ban on hiring convicted felons for certain jobs such as state troopers, school teachers and jailers.”

Abbott alleges that the EEOC could unlawfully prosecute employers like the state of Texas who use felony convictions to bar employment. The lawsuit alleges the guidelines unfairly encourage disqualified applicants to file discrimination claims for possible violations of the EEOC guidelines.

Abbott’s lawsuit alleges the EEOC’s hiring guidelines are illegal because they overstep the commission’s statutory authority and could jeopardize the safety of Texans.

The suit requests a declaratory judgment that Texas and its agencies can maintain and enforce its state laws regarding the ban on hiring felons, a declaration that the EEOC cannot enforce its guidelines against the state, an injunction barring the EEOC from issuing right-to-sue letters to individuals seeking to pursue this type of discrimination charge against the state and a judgment holding and setting aside the EEOC’s hiring guidelines as unlawful.

After using a root-touch up to dye her hair, Pamela Starks claims she suffered an allergic reaction.

On Oct. 31 Starks filed suit against Proctor & Gamble in Jefferson County District Court, alleging the company should knew certain individuals would have allergic reactions when applying the product. 

According to the lawsuit, Starks purchased a bottle of “root-touch up and applied the product to her head after reading and complying with the safety instructions and warning.

“Sometime after applying the product, Ms. Starks had an allergic reaction, which sent her to the hospital,” the suit states.

Starks claims the dye caused blistering on her face and scalp.

According to the suit, Proctor & Gamble, motivated by profit, negligently placed a product it knew would cause pain to certain individuals into the stream of commerce.

Despite knowledge that the product could produce an allergic reaction, the company did not alter its formula, the suit states.

Parsons

Starks is suing for her alleged past and future medical expenses, mental anguish, pain, disfigurement and lost wages.

Attorney John Pat Parsons of the Beaumont firm Lindsay, Lindsay & Parsons represents her.

Judge Gary Sanderson, 60th District Court, is assigned to the case.

Case No. B194-941

Joseph Turano has non-suited Texas Department of Criminal Justice and Alphonso James from his suit claiming he was demoted after cooperating with an investigation against the warden.

As previously reported, on Jan. 10 Turano filed suit against the TDCJ and James in Jefferson County District Court, alleging retaliation for his cooperation. 

Court records show that on May 2 Turano filed a motion for non-suit with prejudice for both defendants.

On Aug. 28 Judge Gary Sanderson, 6oth District Court, granted the motion, dismissing the defendants.

According to the lawsuit, Turano worked for the TDCJ for approximately 25 years and boasted an exemplary employment record. In November 2011, he cooperated with an agency investigation into James.

“The retaliation by Warden James began after that, and it has caused him to be demoted from a Captain to a Sergeant, suffer loss in wages, loss of preferred hours/schedule, loss of his assignment to a preferred unit, placement on disciplinary probation and has slandered his reputation,” the suit states.

The suit accused the defendants of unlawful employment practices, retaliation for refusing to commit an illegal act and intentional infliction of emotional distress.

Turano was suing for the damage caused to his reputation, reinstatement of his rank, lost earnings and emotional pain and mental anguish.

Port Arthur attorney Brandon Monk represents him.

Case No. B193-814

An order of dismissal has been entered in a suit filed by a former employee of the Port Arthur Housing Authority who claimed the director and board members fired him after reporting alleged misappropriations.

Cade Bernsen

According to the complaint filed Oct. 30, 2012, in Jefferson County District Court, Joseph Ray Guillory alleges he was working for the PAHA when he became aware that the executive director, Seledonio Quesada, and other members of the authority were misappropriating thousands of dollars that belonged to the agency.

Court records show that Guillory and the Port Arthur Housing Authority filed a joint motion for final order of dismissal on July 22, stating all claims have been resolved.

That same day, Judge Bob Wortham, 58th District Court, granted the motion.

After discovering the alleged misappropriation, Guillory reported his findings to the Office of the Inspector General, the suit states.

“The Authority charged in excess of $199,000 to its American Express charge card account, $23,205 to its gasoline charge card account, and $5,352 to its Lowe’s charge account during the audit period,” the suit states.

“Plaintiff informed OIG that the majority of charge card transactions did not fulfill a housing authority mission or business purpose. The Authority incurred $8,410 in ineligible and $47,916 in unsupported charges that it allocated to its HUD programs and at least $9,595 in travel costs incurred by the commissioners that it charged to its non-HUD programs. Its (credit card) statements reflected at least $66,000 in travel charges for its commissioners, management, employees and contractors.”

An audit also revealed that the Housing Authority had paid Quesada $51,821 in sick pay leave and had provided 14 laptops for six commissioners, the complaint alleged.

In his suit, Guillory claimed that during the next audit, Quesada warned him not to cooperate with the Office of the Inspector General. In fact, Quesada attempted to prevent the office from obtaining certain documents and to block it from interviewing certain Housing Authority staff.

Despite Quesada’s warnings, Guillory informed special agents that the Housing Authority consistently violated financial responsibilities, including proceeding with a project without the proper environmental clearance.

For the project, the Housing Authority had received $657,906 from the Recovery Act Grant, the suit states. It needed to spend the money by a certain deadline and proceeded with a project without first obtaining environmental clearances, the complaint says.

“Indeed after the defendant began construction illegally on the site, underground gas tanks were discovered on the property,” the suit states. “It was later confirmed that much of the soil was contaminated.”

Guillory claims he was terminated on April 17, 2012, after providing information that triggered an audit.

Guillory was seeking actual damages, including front and back pay, compensatory damages, mental anguish damages, exemplary damages, pre-judgment interest, attorney’s fees, costs and other relief the court deems just.

Cade Bernsen, David E. Bernsen and Christine L. Stetson of The Bernsen Law Firm in Beaumont represent him.

Case No. A193-500

Farmers Texas County Mutual Insurance has amended its answer in a suit brought by area resident Earl Hurels, who sued the company alleging it denied his claims for underinsured motorist benefits.

As previously reported, the suit was filed Jan. 11 in Jefferson County District Court.

Singh

Court records show Farmers amended its answer on May 23, asserting the plaintiff has not met all conditions precedent in making an underinsured motorist claim.

Farmers further maintains that the plaintiff was not injured as a result of the occurrence or to the extent claimed, the answer states.

According to the lawsuit, on Sept. 3, 2011, Hurels was stopped at a Beaumont intersection when a woman ran a red light and violently struck his vehicle. Hurels required surgery following the collision.

The offending driver’s insurance company compensated him for some of his damages.

Hurels then made a claim with his insurer, Farmers, for underinsured motorist owed under his policy, the suit states.

“On Dec. 5, 2012, Farmers, despite having all the information and documentation necessary to pay the plaintiff benefits under his policy, declined to offer any payment,” the suit states. “

Hurels is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.

Houston attorney Derrick Parker represents him.

Farmers is represented by Manpreet Singh, attorney for the Houston law firm Soule Baldwin & Fanaff.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B193-815

CHARLESTON, W.Va. (Legal Newsline) — West Virginia Attorney General Patrick Morrisey and nine other state AGs have sent a letter to Department of Health and Human Services Secretary Kathleen Sebelius seeking legislative action to help alleviate problems implementing the Affordable Care Act.

The letter also was signed by the AGs from Alabama, Florida, Georgia, Kansas, Louisiana, Oklahoma, South Carolina, Texas and Utah.

Morrisey

The five-page letter from the AGs highlights three problems. Those are statutory and regulatory delays, technological difficulties and the security of consumers’ private information.

Abbott

“Advocates and opponents of the Affordable Care Act can agree on one thing: the rollout of the health insurance exchange for individuals has been plagued with unimaginable problems,” Morrisey said in a statement about the letter. “At best it has been a frustrating exercise in futility for the millions of Americans who thought they would be able to sign up for lower-priced insurance or simply keep their existing doctors and insurance.

“At worst, it has shown that our deep concerns about citizens’ well-being and privacy were spot on.”

Morrisey said the group of attorneys general are “obligated to fight to protect our consumers,” for whom he said the implementation of ACA “has been disastrous.” 

“We hope the Obama administration and members of Congress will put partisan politics aside and work together on legislation to fix the mounting problems with the law and its implementation,” he said in the statement. “”We have many serious concerns about the implementation of the ACA so far and we hope Congress and the Administration will take immediate steps to mitigate these problems.”

In the letter, the 10 AGs point out statutory provisions that have been delayed thus far, such as a cap on consumers’ out-of-pocket expenses, the small business health insurance exchange and a mandate requiring large employers to provide health insurance. Also, it notes that the administration postponed a deadline when uninsured citizens had to have insurance or face a penalty on their taxes after people had problems registering on the goverment’s website.

“All of those delays have been implemented in contradiction to what is in the law that Congress approved,” Morrisey said in the press release. “While I agree the law is unworkable as is, the executive branch cannot just decide to ignore one part of a law passed by the legislative branch while moving forward with other parts.”

The letter also mentions technical difficulties the system has experienced since opening Oct. 1. It also highlights issues with the privacy and security of consumer information.

In a related issue, Texas Attorney General Greg Abbott on Wednesday also asked Texas Insurance Commissioner Julia Rathgeber to enact new consumer protection and privacy requirements for Obamacare navigators.

Abbott and 12 other state attorneys general expressed similar concerns and recommended that federal privacy rules governing navigators be enhanced to help protect consumers in an August letter to Sebelius. He didn’t receive a response from the federal goverment.

“Obamacare navigators have access to Texans’ most sensitive and personal information,” Abbott said in a press release. “Inexplicably, the federal government has failed to enact safeguards that are necessary to properly protect Texans’ privacy, so I am deeply concerned about the threat of identity theft. Given the Obama Administration’s apparent indifference to the seriousness of these problems, I am thankful that Texas officials are stepping up and moving toward meaningful protections for Texans.”

Jury selection began Tuesday in the trial of an automobile collision lawsuit.

As previously reported, Danny Oliver filed suit against Glen Oliver on Dec. 8, 2010, in Jefferson County District Court for allegedly causing an automobile collision. 

Nearly three year later, jury selection began on Nov. 5 in Judge Bob Wortham’s 58th District Court.

According to the plaintiff’s amended petition, on Dec. 15, 2009, Glen Oliver “negligently and carelessly” collided his vehicle into Danny Oliver’s vehicle.

The suit says the collision took place at Highway 27 in Calcasieu Parish, Louisiana.

The suit accuses Glen Oliver of negligently failing to keep a proper lookout, control his speed and apply his brakes in a timely manner.

Danny Oliver is suing for his alleged past and future mental anguish, impairment, lost wages and medical expenses.

Orange attorney Sandee Hart represents him.

Glen Oliver is represented by Germer Gertz attorney Collin Shellenberger.

Case No. A188-934

GALVESTON – A Louisiana man brought a lawsuit against several companies after a series of explosions on an oil production platform last year.

Alleging said explosions injured him on Nov. 16, 2012, Renato Dominguez sued Black Elk, Wood Group, Compass Engineering & Consultants, Shamrock and Enviro-Tech in Galveston County Court at Law No. 2 last month.

Itkin

The litigation was transferred to the Galveston Division of the Southern District of Texas on Nov. 4.

Court papers show the incident in question took place on the defendants’ Black Elk West Delta 32E oil production platform.

According to the suit, Dominguez sustained “severe burns and injuries to other parts of his body.”

He faults the respondents for:

• Failing to properly supervise their crew;
• Failing to properly train their employees;
• Failing to provide adequate safety equipment;
• Failing to provide adequate medical treatment;
• Failing to provide a safe work environment;
• Failing to inspect the platform and/or equipment;
• Operating with an inadequate crew; and
• Failing to maintain the platform and/or equipment.

Consequently, the claimant seeks unspecified monetary damages and a jury trial.

Attorney Jason A. Itkin of Arnold & Itkin LLP in Houston is representing Dominguez.

Case No. 3:13-CV-400

GALVESTON – An Alabama man has filed a lawsuit against his employer following two alleged instances in which he hurt his back.

Montevallo, Ala., resident Michael J. Bass is suing Rowan Companies, Inc., claiming the defendant ordered him to perform tasks without assistance.

Shaffer

Court documents were filed Nov. 5 in the Galveston Division of the Southern District of Texas.

Bass was assigned to the respondent’s Rowan Mississippi on which he says he spent more than 75 percent of his time as part of the crew.

The first incident in which his back sustained injuries was on or about Dec. 10, 11, or 12, 2010, when the ship was located at Main Pass in the Gulf of Mexico, according to the suit.

It shows the plaintiff was hurt when he was ordered to uncoil a braided cable crane bowline that was rolled up.

Some four months later, the respondent placed Bass on another of its ships, the Joe Douglas.

As was with the Rowan Mississippi, the claimant spent more than 75% of his time as part of its crew.

The plaintiff asserts he was told to pick up and carry a heavy shackle for approximately 20 feet, adding the job caused him to “aggravate his lower back injury of December 2010.”

He blames the defendant for:

• Failing to provide adequate mechanical assistance to perform the task in question; and
• Failing to provide adequate and experienced manpower to perform the task in question.

A jury trial is requested.

Attorney Matthew D. Shaffer of Schechter, McElwee, Shaffer & Harris, L.L.P. in Houston is representing Bass.

Case No. 3:13-CV-409

HOUSTON – A Galena Park man claims Wal-Mart Stores Inc. continues to contact him despite his request for it to stop, recent court papers say.

In a lawsuit filed Nov. 5 in the Houston Division of the Southern District of Texas, Edwin Henry accuses the discount retailer of continuously calling his cell phone “without express consent.”

Henry notified one of the company’s regional stores and its corporate office he wanted his number removed from its prescription refill call list earlier this year, the suit says.

He asserts the respondent, however, continued to call his phone “up to three times per day” using an automatic telephone dialing system with an artificial or prerecorded voice.

The purported calls from the defendant originated from several telephone numbers, including but not limited to, (866) 575-4108.

“When answering the defendant’s telephone calls, Plaintiff heard a prerecorded message reminding the plaintiff to get his prescription filled,” the suit says.

Consequently, the complainant seeks about $2,000 for every unwanted call and a jury trial.

He is represented by attorney Jody B. Burton of Lemberg & Associates L.L.C. in Stamford, Conn.

Case No. 4:13-CV-3253

GALVESTON – Twelve companies face a lawsuit following a former oil refinery operator’s death from mesothelioma, recent court documents show.

The offspring of the late John Biondo launched the litigation against the defendants, chief among them General Electric Co. and CBS Corp., in Galveston County District Court on Nov. 4.

Cloud

Biondo was employed at the Texas City Refining Inc. facilities from 1954 to 1994.

According to the original petition, he was “exposed to asbestos dust and/or fibers” during his course of employment, specifically prior to 1980.

“As a result of his exposure to asbestos dust and/or fibers while employed by Texas City Refining Inc. John Biondo contracted asbestos-related mesothelioma which ultimately took his life,” the suit says.

It asserts there were defects in the design and marketing of “the defendants’ asbestos-containing products and/or machinery at the time they left the possession of the defendants,” insisting the companies had prior knowledge but failed to warn.

Consequently, the complainants seek unspecified monetary damages.

They are represented by attorney Ian P. Cloud of Heard Robins Cloud & Black LLP in Houston.

The case has been assigned to Galveston County 212th District Court Judge Susan Criss.

Case No. 13-CV-1402

Surrounded by family, public officials and “high-dollar attorneys,” Jefferson County 58th District Court Judge Bob Wortham announced his candidacy for Jefferson County District Attorney on Wednesday.

“I’m going to make the (county) a safer place to live,” said Wortham, a Democrat, while addressing a crowd gathered in front of the Jefferson County Courthouse in Beaumont. “I’m going after the big cases.”

Photo by Marilyn Tennissen. Surrounded by family and friends, Bob Wortham, currently judge of the Jefferson County 58th District Court, announces his candidacy for District Attorney at a news conference Nov. 6 in front of the Jefferson County Courthouse.

With experience as a trial lawyer, a civil court judge and U.S. attorney, Wortham said he has the success rate and experience needed to impact the District Attorney’s office in a big way.

To prove his point, the judge pointed to his accomplishment of changing the way timeshare pitchers did business nationally, saying his efforts impeded fraudulent mailings aimed at potential customers.

A day prior to Wortham’s Nov. 6 announcement, the current district attorney, Tom Maness, declared he would not run for an eighth term.

However, even though he will not be running against an incumbent, Wortham said he plans on campaigning with everything he’s got.

And if elected, Wortham promised that he would treat facts as facts, essentially ignoring political lines.

“I want to represent the people, not political action groups,” Wortham said, adding that he enjoys a broad section of support, which includes the backing from the police officers and firefighters standing with him to the “high-dollar attorneys over there.”

Wortham, 66, earned his degree in government in 1971 in the last graduating class from Lamar State College of Technology, which became Lamar University. He graduated from Baylor Law School in 1974.

He began his career as a Jefferson County assistant district attorney and, at age 31, was appointed to serve an unexpired term as judge of 60th District Court – the youngest district judge in the state.

Appointed by President Ronald Reagan, he served 12 years as U.S. Attorney for the Eastern District of Texas before becoming a partner in the Reaud, Morgan & Quinn Law Firm.

Highlights of Wortham’s career as U.S. Attorney include successful prosecution of the drug-smuggling case against wealthy rancher Rex Cauble and the “Cowboy mafia,” including the first enforcement of a federal racketeering law passed years earlier; cases that brought about changes in the timeshare industry; enforcement of environmental laws; and bringing federal, state and local law enforcement agencies together in what became a national model.

As a state district judge, he worked to assist other judges with caseloads and led in developing a prototype for court scheduling orders that are now standard.

He is currently presiding over the 58^th District Court. His term is set to expire in 2014.

Recently, Wortham served as the presiding judge in the Bartholomew Granger capital murder case. Granger was convicted of capital murder in a shooting death in front of the Jefferson County courthouse as he was about to go on trial in an unrelated sexual assault. The case was moved to Galveston County for trial, with Wortham presiding.

Assistant District Attorney Perry Thomas has stated he is interested in running for the DA’s seat as a Republican, but he has not yet made a formal announcement.

GALVESTON – 24 Hours Fitness USA Inc. and one of its personal trainers blamed for a woman’s fall off a balancing ball at its Friendswood location in an August lawsuit recently answered the allegations, according to court records.

The defendants submitted a three-page original answer into Deborah Christensen’s personal injury suit on Oct. 28, directly denying responsibility for her reported injuries.

Christensen asserts during a session on Aug. 24, 2011, Indalecio “Andy” Rivera instructed her to stand on the aforementioned balance ball.

According to the suit, she was instructed to step off the balance ball and “she lost her balance and fell backward onto the floor.”

The original petition further shows that the complainant had no previous experience using the balance ball, but Rivera purportedly failed to spot her.

It adds she “immediately felt excruciating pain” in her low back and pelvis area, and a physician who was at the gym determined she was in need of an ambulance.

In response, the respondents insist the subject incident was “the result of the conduct of a third person or persons over whom the defendants possessed no control and for whose conduct the defendants are not responsible or liable.”

They state Christensen “has voluntarily waived the right to sue for the damages she now claims… and/or has released the defendants from any liability for the same.”

Attorney Maulik P. Shah of Brown Sims in Houston is representing the defendants.

Case No. 13-CV-1091

GALVESTON – Best Buy Co., Inc. replied to a former Marine’s lawsuit stemming from a car fire in the parking lot of its League City store which allegedly affected his mental health.

In an original petition filed Nov. 4, the consumer electronics company asserts Manuel Lee Cervantez III’s claims “are not true.”

Woodall

Best Buy correctly identified itself as Best Buy Stores LP.

As previously reported, Cervantez initiated legal against Best Buy after some electronic equipment he purchased from the defendant and had installed in his Ford Focus triggered the aforementioned fire.

The plaintiff, a disabled veteran suffering from post traumatic distress syndrome, explains he “exited the vehicle immediately before it blew up causing him severe mental distress,” stating he was caused “to relive incidents that occurred in Afghanistan.”

Cervantez adds the inferno prompted him to seek therapy.

Though he is receiving treatment, the original petition states, the complainant “is still afraid to travel in the vicinity of the scene.”

Meanwhile, Best Buy counters that the plaintiff caused the event over which he sues.

It argues he misused the electronics and “no warranties, either express or implied, accompanied the sale of goods” detailed in his suit.

Attorney J. Daniel Woodall of Gaunt, Earl & Binney LLP in The Woodlands is representing the respondent.

Cause No. 70,859

GALVESTON – A property damage lawsuit pitting GTE Southwest Inc. against the city of League City was disposed.

Acting Judge David L. Garner approved GTE’s motion to dismiss and subsequently issued an order shutting the case on Oct. 28, more than two months after it was filed.

Former Galveston County 10th District Court Judge David L. Garner

As previously reported, the plaintiff, doing business as Verizon Southwest, sued the city in August for ruining its pedestal and telecommunications cable and conduit facilities near the intersection of Woodcock Street and Lawrence Road on Aug. 16, 2011.

Court documents filed Aug. 7 explained that a city worker caused the damage as they were mowing property in the area.

“This mechanized equipment came into contact with and damaged the plaintiff’s telecommunications facilities, thus violating the property rights of the plaintiff and causing the plaintiff’s damages,” according to the original petition.

The suit insisted the aforementioned facilities “were lawfully in place at that location.”
League City formally refuted the allegations three weeks after the litigation was initiated.

Attorney Patricia L. Hayden of Houston represented the defendant.

Case No. 13-CV-1031

GALVESTON – A former Galveston County deputy constable’s sexual harassment lawsuit will be heard by a jury early next year, recent court records show.

Galveston County 122nd District Court Judge John Ellisor issued an order Oct. 25 in favor of League City resident James P. Gist’s motion for jury trial setting.

Said jury trial is scheduled for Jan. 27, 2014, at 9 a.m.

As previously reported, Gist initiated legal action last year on claims then-Galveston County Precinct 7 Constable Matranga made unwanted and uninvited sexual advances toward him from May 2011 to late October 2011.

His suit asserts there were approximately 10 instances in which Matranga supposedly tried to seduce him, adding he used a recording device to no avail as Matranga learned about said device and disciplined him.

Court records indicate that Matranga formally denied the allegations in early June 2012.

Matranga, who lost her bid for re-election in the late May 2012 Republican primary to 30-year law enforcement veteran Rick Sharp, was non-suited along with her former office in September, essentially leaving Galveston County as the sole defendant.

The suit was originally set for an Oct. 7 bench trial, but the setting was pushed to Dec. 30.

Case No. 12-CV-1159

HOUSTON – Complaining that Hyatt Corp. fired her for racial comments she insists she did not make, Harris County resident Dinora Chacon has pursued legal action.

Chacon sued her former employer on claims she is the victim of discrimination in Harris County District Court last month.

The litigation was removed to the Houston Division of the Southern District of Texas on Nov. 6.

Hyatt hired the plaintiff, who is Hispanic, as an executive housekeeper at its hotel in The Woodlands in late November 2009.

Last year, the suit states, Chacon heard the defendant’s executive chef make derogatory remarks about its Hispanic housekeeping staff.

She fielded a complaint only to find herself the target of an accusation she said disparaging things about blacks, court documents say.

Chacon denied the charge, but was terminated on Aug. 3, 2012.

According to the suit, Hyatt forged the claimant’s signature on a resignation letter and replaced her with a Caucasian male who was unqualified and inexperienced in the housekeeping department.

It asserts Hyatt’s basis for termination is “false and retaliatory.”

A jury trial is requested.

Attorney Sidd Rao of Shellist Lazarz Slobin LLP in Houston is representing Chacon.

Case No. 4:13-CV-3263

GALVESTON – Port Bolivar local Eugene Werner is suing Galveston resident Melvin Lynn Brooks over a late October 2012 collision in Galveston between them.

According to court documents filed Nov. 5 in Galveston County District Court, Brooks struck Werner at the intersection of Ball Street and 34th Street on Oct. 29, 2012.

Werner was traveling westbound on Ball while Brooks traveled southbound on 34th.

The suit says Brooks heeded the stop sign then proceeded into the intersection.

“He did not look when he entered the intersection and struck the plaintiff’s vehicle,” the original petition says.

It asserts Werner “did not have a stop sign and had the right-of-way,” adding police cited Brooks for “violating the law and contributing to the accident.”

Werner claims he sustained injuries as a result of the subject wreck.

Brooks is faulted for:

• Failing to keep a proper lookout;
• Failing to turn his vehicle in an effort to avoid the collision;
• Failing to apply his brakes;
• Failing to stop at an official traffic control device; and
• Failing to enter into the intersection only when he could have safely entered without interference.

Consequently, the plaintiff seeks unspecified monetary damages.

He is represented by attorney Christopher D. Bertini of the Bertini Law Firm, P.C. in Galveston.

The case has been assigned to Galveston County 405th District Court Judge Michelle Slaughter.

Case No. 13-CV-1413

GALVESTON – A local man seeks more than $1 million in damages after he reportedly fell off a rotary mower last year, recent court papers say.

Brian Rinehart blames Cecil Norman, also of Galveston, for the subject incident in a lawsuit filed Nov. 5 in Galveston County District Court.

Bertini

Rinehart was helping Norman cut grass at an unspecified location at the time of the event.

Sometime during or after the task, Rinehart rode on the back of a brush hog being pulled by Norman’s vehicle.

The suit shows the plaintiff was disembarking from the mower when “the defendant pulled forward and caused the plaintiff to fall off.”

“As a result of the defendant’s actions, the plaintiff was injured,” the original petition says.

Norman is additionally faulted for failing to keep a proper lookout.

Consequently, Rinehart sues for physical pain and suffering, mental anguish, impairment, disfigurement, lost earnings and medical expenses.

A jury trial is requested.

Attorney Christopher D. Bertini of the Bertini Law Firm, P.C. in Galveston is representing the claimant, and Galveston County 212th District Court Judge Susan Criss is presiding over the litigation.

Case No. 13-CV-1412