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"ABClean recently obtained summary judgment in a suit brought by Ruby Clurksy, who sued after being swung around by a backhoe.<br /> <br />In October 2009 the <a href=\"http://www.setexasrecord.com/news/221452-woman-tossed-by-backhoe-blames-sleeping-operator-sues-two-companies\" class=\"copy\">Southeast Texas Record</a> reported that Clursky sued ABClean and Motiva Enterprises, alleging an ABClean employee fell asleep while operating a backhoe and accidentally lifted her off the ground.<br /> <br />As a third-party plaintiff, ABClean filed a motion for summary judgment Jan. 4, arguing that Clurksy already received worker's compensation.<br /> <br />According to court records, Judge Donald Floyd, 172nd District Court, granted the motion on May 5, ruling that the plaintiff take nothing and bear all costs associated the claim.<br /> <br />Court records show Clursky was working for L.C. Personnel Inc. on Dec. 3, 2008, on property owned by Motiva Enterprises when the incident occurred.<br /> <br />\"The backhoe operator fell asleep and when he woke up his jacket hung over the lever of the backhoe,\" the suit states.<br /> <br />\"The backhoe then caught the Plaintiff, Ruby Clursky, and lifted her off the ground and swung her back and forth resulting in the injuries and damages complained of herein.\"<br /> <br />In its motion for summary judgment, ABClean argued that Clursky was a \"borrowed employee\" and that her \"exclusive remedy\" was the worker's compensation she received following the incident.<br /> <br />Clursky filed a response to the motion on Jan. 11, which contends there was no contract between herself and the company and that she had only been on site for a week and was left unsupervised.<br /> <br />Clursky is represented by Tom Oxford of Waldman Smallwood in Beaumont.<br /> <br />Houston attorney Daniel Fulkerson of the Lorance & Thompson law firm represents ABClean.<br /> <br /><em>Case No. E185-010</em>"^^<http://www.w3.org/2001/XMLSchema#string>
<http://setexasrecord.com/stories/510616380-abclean-wins-summary-judgment-in-suit-over-woman-tossed-by-backhoe>