NEW YORK The plaintiff in a negligence claim against
Alter Trading Corp. has motioned to have the complaint
dismissed, according to documents filed Jan. 31 in U.S.
District Court in southern Mississippi.
Jary Duarte, an employee of Davenport, Iowa-based Precision
Welding, was burned in January 2011 while dismantling a vehicle
with a cutting torch at Alters Gulfport, Miss., scrapyard
after an Alter employee allegedly failed to properly drain the
vehicle of its fluids, according to the original suit filed in
November (amm.com, Nov. 28). He had sought a judgment of at
least $75,000 and demanded a trial by jury.
However, Duartes attorneys have since motioned to
voluntarily dismiss the claim without prejudice, thereby
retaining the right to refile in the future if they decide to
do so, documents show.
Attorneys for Duarte and Alter did not respond to requests for
comment, but a spokesman for St. Louis-based Alter had said in
November that the allegations were inaccurate and that any
liability would fall on the independent contractors