Suit brought over fatal collision involving 18-wheeler settles

David Yates Jan. 6, 2015, 3:54pm


Plaintiffs in a suit over a fatal collision with an 18-wheeler settled three months after the litigation was filed, court records show.

As previously reported, on April 14 Roberto Gutierrez, Virginia Barboza, Jamie Topete as next friend of Adriana Topete and Jaime Topete Jr., Jimmy Moreno Sr. individually and as wrongful death beneficiary and on behalf of the estate of Annabel Gutierrez-Topete and Jimmy Wayne Moreno Jr., filed a lawsuit April 14 in the against American Eagle Logistics LLC and Charles Douglas Patterson in Jefferson County District Court.

According to the original petition, Annabel Gutierrez-Topete was driving northbound on Orange Street in Jefferson County with Jimmy Moreno Jr. as a passenger when Patterson struck the plaintiff’s vehicle with the 18-wheeler he was driving.

Annabel Gutierrez-Topete and Jimmy Moreno Jr. died as a result of the injuries sustained in the collision. The plaintiffs contend Patterson was employed by American Eagle Logistics and acting in the scope of his employment at the time of the accident.

Court records show the plaintiffs filed a motion to dismiss on July 10.

The following day, Judge Milton Shuffield, 136th District Court, granted the motion, dismissing the defendants with prejudice.

According to an agreed partial final judgment, filed July 11, Adriana Topete recovered $28.233.44, as did Jaime Topete.

Also, $47,732.88 was awarded to the Grossman Law Offices.

Attorneys Keith C. Perdue and E. Michael Grossman of Grossman Law Offices PC in Dallas represented the plaintiffs.

Case No. D195-603

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