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 insured party.