Jurors find plaintiff negligent in personal injury case
1/15/2008 12:54 PM
By David Yates
Ryan Scott
Brent Coon & Associates attorney Ryan Scott left a Jefferson County Courtroom empty handed Tuesday, Jan. 15, as jurors deemed his plaintiff client negligent for causing an automobile collision.
The trial of Amy Perry vs. Arthur Abbage Jr. began Monday, Jan. 14 in Judge Milton Shuffield's 136th Judicial District.
Scott originally filed Perry's personal injury suit against Abbage on Nov. 14, 2006.
According to Perry's petition, on Sept. 9, 2006, she was traveling southbound in the 1300 block of Gulf Street in Beaumont with Abbage traveling behind her. Perry was in the far left lane attempting a left turn when Abbage struck her from behind in the left rear panel.
"As a result of the subject incident, Plaintiff sustained property damage and injuries that have required ongoing medical attention," the suit said.
"The injuries suffered by Plaintiff were proximately caused by the negligent conduct, in both act and omission, of Arthur Abbage Jr. Arthur Abbage Jr. had a duty to operate his vehicle in a safe manner in accordance with the laws of the state of Texas."
The suit goes on to allege that Abbage was negligent for:
Failing to control his speed;
Driving a vehicle at a faster rate of speed than a person or ordinary, reasonable prudence would have driven under the same or similar circumstances;
Failing to keep such a lookout as a person of ordinary, reasonable prudence would have kept under the same of similar circumstances;
Failing to maintain a safe distance between the vehicle he was operating and plaintiff's vehicle;
Failing to swerve or otherwise maneuver the vehicle he was operating so as to avoid the collision made the basis of this suit;
Failing to bring the vehicle he was operating to a stop, so as to avoid the collision made the basis of this suit;
Failing to make a timely application of the brakes of the vehicle he was operating so as to avoid the collision made the basis of this suit;
Driving carelessly and failing to pay attention;
And otherwise operating a vehicle in an unsafe manner.
Perry had asked jurors to award her actual damages, lost wages, medical expenses and mental anguish damages.
However, jurors found Perry 100 percent negligent for causing the collision.
