CASTRO v. SERRATA

No. Civ.A. L-98-103.

145 F.Supp.2d 829 (2000)

Crisoforo CASTRO and Yolanda Castro, Individually and as Next Friends of Lorena Castro, Magnolia Castro, Christian Castro, Jose Armando Castro, Minors, Plaintiffs, v. Matias SERRATA, Pedro Saucedo, and J. Rick Day, Defendants.

United States District Court, S.D. Texas, Laredo Division.

September 18, 2000.


Attorney(s) appearing for the Case

Luciano Adrian Rodriguez, Laredo, TX, mediator pro se.

Rolando Luis Leon, Baker Leon et al, Corpus Christi, TX, David Lee McGee, Corpus Christi, TX, for Crisoforo Castro, Yolanda Castro, Lorena Minor, Christian Castro, Jose Armando Castro.

Matias Serrato, Tilden, TX, defendant pro se.

Robert Narvell Carnahan, Attorney at Law, Corpus Christi, TX, Humberto G Garcia, Curney Garcia, San Antonio, TX, for J Rick Day, defendant.


MEMORANDUM AND ORDER

KAZEN, Chief Judge.

Pending is a Motion for Summary Judgment by Defendant J. Rick Day (Docket No. 55). The basic facts of the case are as follows. On August 4, 1998, Plaintiff Cristoforo Castro was injured when his shoelace was caught in an auger being used to dig holes in the ground for fence posts. Castro's injury was so severe that his leg was later amputated at the knee. At the time of the incident, he was employed by Matias...

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