Document v6av3xVYDbxovJBOG73DXyNwq

3UN-18-93 FRI 10:44 SHINTECH INC FAX NO. 7139650629 SERVICE OF PROCESS TRANSMITTAL FORM P. 02 Tha Corporation Trust Company TO: OTIMB.H JN^W>TWn:D( X* ) Via Federal Express _Afcbns Riri'mi R.--pLbcy,__________ 24 (incx.ai!e/ - flui te S.U____ m_______ ..vjgflayfo _______________________________ Tfcustm, '&&&$ / 7016-0001) DALLAS, TEXAS_______ (City) mare 17, 2_______ (Hat*) (State) ( ) Via Messenger RE: PROCESS SERVED IN FOR ai-NiKH T?cay:miFD_______ (Name of Company) TEXAS (Jurisdiction) TEL, (Domestic State) C=3 ENCLOSED ARE COPIES OF LEGAL PROCESS SERVED UPON OR RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS; 1, TITLE OF ACTION: I timid D. JVriten ad ibbtie H. .fcv.-krnn Vs, fl-nNITCH, TTC. 2. DOCUMENT(S): Citation, Plaintiff's Original Petition tegusse ter Pmauctjai 3. COURT; (xx). 333 Judicial District Court, Hanna County, Texas. Case No. 03-0275)1 cl- ibb. .Xrfi 1.0, 1991, pl.l.f, sustain'd pr-sraml 1paries vdvla an otpioyoe of Ausi;i a. nature of action: jndogixias, fa:,, a cxm-rac.-la' ai tite rremU'eH owrad axl cmbxfLtad fay d63t. Asking an animl: Err oLnarps, intcmes'.s, nart crets, eta. B- JOCK) PROCESS SERVED ON; C T CORPORATION SYSTEM, DALLAS, TEXAS ( ] PROCESS RECEIVED BY: C T CORPORATION SYSTEM. DALLAS, TEXAS by mail. FROM; Envelope Post Marked____enclosed. 6. DATE AND HOUR OF SERVICE OR RECEIPT; to 17, 1993 air. flt30 n.m. 7. APPEARANCE OR ANSWER DUE: 10:00 A.M. Monday next after expiration of 20 days H. PLAINTIFF'S ATTORNEV(S): 9. REMARKS: WvU i.-m fci. (tyan, Ably. r/w j.ytcief. J- vm ism &. iw `>311 ICivby Rr.i\,w - rlTi.be 2.10 flwjlyn, Otwna 77006-1348 713/520-<073 ( ) This confirms our telephone call to your office. ( ) Above telephoned to C T office and is sent to you per their instructions. KINDLY ACKNOWLEDGE RECEIPT BY SIGNING THE CARBON COPY AND RETURNING ITT0-------- SHINTECH-000895 SignedC T CORPORATION SYSTEM---------------------- Per Address TiTHnv EXrxsncv..-' 350 N. St. Paul Street 2'XX) UUN-18-93 FRI 10:45 SHINTECH INC FAX NO. 7139650629 P. 03 SERVICE OF PROCESS TRANSMITTAL FORM C T CorporaTWITTystem Tha Corporation Trust Company TO: SHNIKI-I JNXUK^RSEDED . Attn: Richard Mbscn, Secy. _24 Cteervay Plaza - Suite 811 Vfcslayan Ttyer________________ JfcLBtcn, Ttexas 77046-0000 DALLAS, TEXAS (City) Jem 17, 1993 (ftatitl (State) I XX ) Via Federal Express ( } Via Messenger RE: PROCESS SERVED IN FOR a-HNim-i ________ (Name of Company) TEXAS (Jurisdiction) ____ eel. (Domoitic Stata) Enclosed are copies of legal process served upon or received by the statutory agent of the ABOVE COMPANY AS FOLLOWS: 1. TITLE OF ACTION: Harold D. Jeckscn aid Hattie H, Jackscn Vs. SiMlKH, ML 2. document(s): (xxJcC'Mtion, Plaintiff's Original Petition PfeqcESt fbr Prxductirn 3. court: (xxfc 333 Judicial District Court. Ifeccis County. Texas. Case No. 93-027571 Cn ac Alt. Ju` 10, 1991, pUtf. sustains! personal injuries vhile en atplE^ee of Aletin 4. nature of action: industries, Inc., a oentraster cn the psnisss caned end controlled by dfidt. Seeking cn attxnt fix danagss, interests, court costs, etc. 5. PROCESS served ON: C T CORPORATION SYSTEM, DALLAS, TEXAS ( ) PROCESS RECEIVED BY: C T CORPORATION SYSTEM, DALLAS, TEXAS by mail. FROM: Envelope Post Markedenclosed. 6. DATE AND HOUR OF SERVICE OR RECEIPT: Juts 17, 1993 at 8:30 a.m. 7. APPEARANCE OR ANSWER DUE: 1Q;Q0 A.M. Monday next after expiration of 20 days 8. PLAINTIFF'S ATTORNEY(S): 8. REMARKS: William E. R>on, Atty. E/W OFFICES OF WHU7M E. RfflN 5311 Kitty Crive - Suite 210 HDLEtcn, TtefflS 77005-1348 713/520-0073 ( ) This confirms our telephone call to your office. ( ) Above telephoned to C T office and is sent to you per their instructions. KINDLY ACKNOWLEDGE RECEIPT BY SIGNING THE CARBON COPY AND RETURNING IT TO -- SHINTECH-000896 Signed C T CORPORATION SYSTEM Per Address Tiffany cuparxv_____ 350 N. St. Paul Street # 2900 fcJUN-18-93 FRI 10:45 SHINTEC>H\ I.NC FAX NO. 7139650629 P, 04 CAUSE NO. 933757] ` PI AINTIPF: \ VB . 'DEFENDANT i , m-Cr.Lf'T No. ?3S'I21 .4)0 ETX MTA JACKSON, MAROI I) 0 ............ ......... ,,. ...OS--36-93_____ __________ _____ TB 0 60107186......... ' Tn Tho 333rd Judicial pioCrlcr Court SlUTITliCI! LMC of Harris County, 'luxes 303 Fannin, bth floor pnrtio.i .0,L?...LTSnj?,d,.lj'_''h!Jt|,,iich!i.jjOiyitJ.ori.____________ __ O.lUfit.QHj jqj___ rue rnmr of u:xnr; county Of Iktrrii. 10 ANY SIlL-ftl |-t` 01) CONST AM.T OF lEXpr Or Other Author) /ed Por-jon CITATION THIS COPY OF PROCESS WAS DELIVERED TO tfUJ-ON THE ru.DAY nr`Jk-t*gr:-19_L- MIKE PAPPAS, Constable fPrecina: l/Dallas County, TX By - Deoutv TO: SHINITCiI INC ( T f; XAS CORPORAT 3 ON 5,11V SF.RV1NU ITU RFClSTERFb ARMN f C T cnriHORA n ON SYSTEM 300 N NT I'AUI DMl.I.fO; TX . . Attached .if. a copy of IMjl.tNT [IT' '/.OHIO.TNA!. I'.Q >.TTn_N_______,,___ ___________ ___________ lh.lt. lot.tnjirioiTt wot. filed on the h<'th_dny_ gf^Mjry,t ..1,993____ , .in the ahovo cited coupe ntimber and court, The inr. wunieric. attached doucribor: the claim against you. YOU HAVE BEEN SUED. You may employ an Attorney. If you or your Attorney do not fllv a written .mower will: him Oif.trict h'.lork who iesuod thin citation by 10:00 a.m. on !the Monthly next: following the expiration of Hoys, at ter you \icro served thin a default Judqiimnt may..be,.taken against you. . r.. . \ citation and put! h.i.on, TC?i OFFICFI! Jhh,v> mii . , \,v.-. I J. 1.`. a Thic citation uiv. jocund .on xi.-lth day of June, 1933, under my hand and ;2,J coal of said.Court. \\ f; "f Issued at radLioot .of: ' ' ( Soil ) KATHERINE TYttA. District Clerk UYaN, WTU.IANi . f 53X1 KkCcRrBbYy nnR>^,iltt;;il0 HOUSTON 'TX/#> 7 7 005 4V ,<Vp)v'rM>nni^',hrx Bar No.: 17005700 Harris County, Texas 301 Fannin .__ ^ Houston, Texas 7/flflX (P,0. Rox >lf>53 J Houston, Texas 77310) By . Deputy ..^cuormi. Joseph is/iio/L/honm, 00.1'..I K/AUI'llmU/Ul PERSON RETURN 1 Received on I |m .day of ............. ..................... . 19___,at _ ... * executed l:hu name in ............ ... County, Texas, on the _____ day ot V. ______ o'r,Jock ....... .. M., by summoning )'hr ____________ _______ ___________ o'clock , and ... ..... , 19....... at liy delivering to _ ............._....... .. . , .................... .. ... m portion j corporation < \ hy leaving in the principal olfice during office hours ........ .. ___ _____________ _______ oT t'.lio said _____ ___________ a true copy of this; nol'.ic*:, together with accompanying copy of serving _____________ cop ___ f.......... A ff JUnt By ______ Deputy On l.hii, day, dgiiHtjirn appuarc on tlus ho/she f.tated t.fiot. this return . _ .... ........ .................... . known to me to be tho pornon wtiout: foregoing ruhurg, personally appeared. Alter being by mo duly r.uorn, otal.ioi'i wn*. executed by him/her in the exact, manner recited on the SWORN T0 AND SIIDSCRJllf.tl BFHlRF ME, on thin day of IP Notary t'uhl tc SHINTECH-000897 M-18-93 FRI 10:46 SHHITECH INC FAX HO. 7139650629 P.05 HAROLD D. JACKSON AND HATTIE H. JACKSON PI a i nt i 1 Is IN THE DISTRICT COURT OF a HARRIS COUNTY, TEXAS SHINTECH, INC. Defendant. * PLAINTIFFS' ORIGINAL FETITIQ TO THE HONORABLE JUDGE OF SAID COURT: COME NOW HAROLD D- JACKSON and HATTIE H. J referred to as Plaintiffs), complaining of zc C--P* SHINTECH, INC. (hereinafter referred to as Defendant), and for cause of action and as grounds for relief, would respectfully show unto this Honorable Court and Jury the following: Plaintiffs, HAROLD D. JACKSON and HATTIE H. JACKSON, ar resident citizens of Brazoria County, Texas. Defendant, SHINTECH, INC., is a Texas Corporation, and way be served with citation by serving its Registered Agent for service of process, C.T. Corporation System, 350 North St. Paul, Dallas, Texas 75201. II. Venue is proper in Harris County, pursuant to Section 15.036 of the Texas Civil Practice and Remedies Code, because Defendant's principle office is situated in Harris county at 24 Greenway Plaza, Suite 811, Houston, Texas 77 04 6. ' SHlNTE< 18-93 FRI 10:46 SH1HTECH 1HC FAX HO. 7139650629 P.06 ill. r,h QXy&XL_&&CEQ}mn It has become necessary to bring this lawsuit because of on Juno io, 1'joj. Your Plaint in was an employee of Austin Industries, Inc., a contractor on the premises owned and controlled by Defendant SHINTECH, INC.# those premises being located at 5618 East Highway 332, Freeport, Texas 77541. On that date, your Plaintiff was working to disassemble a gas compressor. The gas compressor was one that was used to compress vinyl chloride. In disassembling the gas compressor, your Plaintiff was unable to perform his job properly, due to the need to avoid breathing noxious vinyl chloride fumes. In disassembling the gas compressor, your Plaintiff removed a valve, and, in lifting the valve, was injured. This injury would not have occurred but for the presence of the vinyl chloride in the gas compressor, which caused Plaintiff to be unable to breathe properly, maintain his balance, and otherwise perform his job function. IV. NEGLIGENCE The gas compressor which Plaintiff, HAROLD D. JACKSON, was helping to disassemble at the time of his injury -.was in the care, custody and control of Defendant, SHINTECH, INC. Defendant was negligent in failing to properly purge that gas compressor pf vinyl SHINTECH-000899 k-18-93 FR1 10:47 SH1NTECH INC FAX NO. 7139650629 P. 07 chloride, prior to th beginning of the work operations, which resulted in Plaintiff's injury. V. c.j-nt .njjpekv i s ion Your IM a inti 11 would show the Court that Defendant, SHINTECH, INC., entrusted work to an independent contractor, Plaintiff's employer, Austin Industries, Inc., but retained control of part of the work performed by that independent contractor. Defendant, SHINTECH, INC. , thus owed a duty to exercise reasonable care in exercising control over the work performed by Austin industries, Inc. Defendant, SHINTECH, INC., breached its duty of ordinary care and was negligent in one or more of the following respects 1, In permitting Plaintiff and others to disassemble the gas compressor involved in this case, without first requiring that the gas compressor be properly purged of all vinyl chloride fumes; 2, In permitting work to begin to disassemble the gas compressor, when no safe work permit had been issued for that job; and 3, In permitting work to begin to disassemble the gas compressor, without requiring that respirators be provided to those people, including Plaintiff, who were to disassemble that gas compressor. VI. SHINTECH-000900 DAMAGES Plaintiff, HAROLD D. JACKSON, would show that he suffered serious, severe and permanent personal injuries as a result of this accident; more specifically. Plaintiff would show that he has incurred medical bills in the past necessitated by the medical -18-93 FR1 10:47 SHIHTECH IHC FAX HO. 7139650629 P. 08 i and, will in all reasonable probability, incur medical bills in the future for further necessary care and treatment of his injuries. Plaintiff, HAROLD D. JACKSON, would also show that he has sultored a loss oi income in the past, and will in all reasonable prolMbi1ity sullcr a loss ol earning capacity in the future. Also, Plaintiff has suffered great physical pain and suffering, mental anguish, physical impairment and disfigurement in the past, and will in all reasonable probability suffer physical pain and suffering, mental anguish, physical impairment and disfigurement in the future. As a result of the above and foregoing elements of damage, Plaintiff, HAROLD D. JACKSON, has suffered actual damage in excess of the minimal jurisdictional limits of this Court. VII. LOSS OF CONSORTIUM Plaintiff, HATTIE H. JACKSON, would show that she was married to HAROLD D. JACKSON on the date of the occurrence made the basis of this suit. As a direct and proximate result of the negligence of Defendant, as described above, there has been substantial impairment in the marital relationship between the Plaintiffs. Accordingly, Plaintiff, HATTIE H. JACKSON, has suffered a serious loss of the affection, solace, comfort, companionship, society, assistance and sexual relationship that she previously received from her spouse, for which she is entitled to recover damages from Defiant. ' SHINTECH-000901 3UH-18-93 FRl 10M8 SH1NTECH INC FAX NO. 7139650629 P. 09 WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that the Defendant be cited to appear and answer herein; and that on final trial hereof, PI a inti Ms have judgment against Defendant as pled, together with pre-judgment and post-^uciqmont interest; costs oi Com t , and lor such other and further relief, at law or in equity, to which Plaintiffs may show themselves justly entitled. Respectfully submitted, LAW OFFICES OF WILLIAM E. RYAN State Bar Number: 17485200 5311 Kirby Drive, Suite 21.0 Houston, Texas 77OQ5-01348 (713) 520-0073 (713) $23-8890 (Facsimile) ATTORNEY FOR PLAINTIFFS, HAROLD D. JACKSON and HATTIE H. JACKSON SHINTECH-000902 3UN-18-93 FR1 10'-48 SH1HTECH 1HC ( MO. HAROLD D. JACKSON AND HAITI 1' tl. JACKSON l*I.i j nl ill:.. FAX HO, 7139650629 P.10 IN THE DISTRICT COURT OF r j j r o i 7 `* Paul, Dallas, Texas 75201. a: SI Pursuant to the provisions of Rule 167 of the Texas Rules of Civil Procedure, Plaintiffs, HAROLD 0. JACKSON and HATTIE H. JACKSON, request the following documents and tangible things to be produced for inspection, photographing and copying in the Law Offices of William E- Ryan, 5311 Kirby Drive, Suite 210, Houston, Texas 77005-1348, within fifty (50) days of the date of service of this request. I. Plaintiffs x'equest Defendant to furnish the following documents or tangible things which constitute or contain matters within the scope of Rule 166b, Tex. R. Civ. Pro., and which Plaintiffs allege are relevant to this action, or are reasonably calculated to lead to the discovery of admissible evidence II. SHINTE You are advised that, pursuant to, the provisions of Rule 167 of the Texas Rules of Civil Procedure/ you have a duty to respond timely to this Request tor Production. 5UH-18-93 FRI W49 SHINTEOH INC FAX NO. 7139650623 P. 11 Respectfully submitted, LAW OFFICES OF WILLIAM F. RYAN / / 4. . wiliiam i;. Ry.m r .*' State Uar Number: 17485200 5311 Kirby Drive, Suite 210 Houston, Texas 77005-01348 (713) 520-0073 (713) 523-8890 (Facsimile) ATTORNEY FOR PLAINTIFFS, HAROLD D. JACKSON and HATTIE H. JACKSON SH1NTECH-000904 JUN-18-93 FRI 10^49 SHINTECH INC i FAX HO, 7139650629 P, 12 1. Any wr i t ten contract, as well as any aiu<Mvjmont r. or r.upjj 1 <>m<-ntr. to that contract, hot.wood fihintoch, Inc. an.i Aunt in j ndust ri on, Inc., cl Jcrt ivu on uj hoimv Jwn* in 1 <>*/ i . Any written policies or procedures ot Shintech, Inc. regarding the manner in which work should be performed by independent contractors on those premises located at 5618 East Highway 332, Freeport, Texas 77541. 3. Any work permit authorizing the disassembling of the gas compressor, on June 10, 1991, during which operation Plaintiff alleges he was injured on the premises located at 5681 East Highway 332, Freeport, Texas 77541. 4. Any work permit authorizing any work to be performed by Austin Industries, Inc., from March 10, 1991 to June 10 1991, on the premises located at 5618 East Highway 332, Freeport, Texas 77541. 5. A plot diagram of the facility located at 5618 East Highway 332, Freeport, Texas 77541. 6. Any writing, including but not limited to any void verbal order, containing a description of the work performed by Austin industries/ Inc., from Marcn 10, 1991 to June 10, 1991, on the premises located at 5618 East Highway 332, Freeport, Texas 77541, 7. The minutes of any safety meeting, relating to operations on the premises located at 5681 East Highway 332, Freeport, Texas 77541, for the time period June 10, 1990 until June 10, 1991. 0. Any incident report, concerning the incident made the basis of this lawsuit. 9. Any chemical inventory, listing the chemicals used or stored on the premises located at 5618 East Highway 332, Freeport, Texas 77541. 10. Any written communication between Defendant, Shintoch, Inc., and Austin industries, Inc., from March 10, 1991 until June 10, 1991, concerning the manner in which work was to be performed on the premises located at 5618 East Highway 332, Freeport, Texas 77541. SHINTECH-000905