No show plaintiff has trial dismissed

David Yates Apr. 30, 2008, 10:24am

The lawyers had agreed upon a trial date and potential jurors had been summoned. The only problem: the plaintiff was nowhere to be found.

The automobile-wreck trial of Tammy S. Feldschau vs. Michelle O. Noel was supposed to begin Tuesday, April 29 in Judge Donald Floyd's 172nd Judicial Court, but an absent plaintiff has led the defense to file a motion for dismissal.

A Jefferson County court coordinator told The Record that Judge Floyd would more than likely approve the dismissal. No reason was given as to why the plaintiff failed to appear for her own trial.

Feldschau sued Noel in February 2006 after Noel allegedly failed to yield the right-of-way at a stop sign and collided with a pickup truck in which Feldschau was a passenger.

According to Feldschau's suit, On Sept. 23, 2004, she was riding in a 1999 GMC 1500 pick up truck traveling northbound on the inside lane of SH 347 approaching Hill Street crossover in Nederland when Noel allegedly ran the stop sign.

"The collision and Plaintiff's injuries � were proximately caused by Defendant's negligent, careless and reckless disregard," the suit said.

In her answer to Feldschau's suit, Noel denied any wrongdoing and claimed the incident was caused by a third party "not under the direction and control of Defendant."

Had Feldschau shown up for the trial, she would have asked jurors to award her damages for past and future mental anguish, pain, medical expenses, lost earnings and impairment, plus attorney's fees, according to the original lawsuit.

She was represented by attorney A. Mark Faggard.

Noel was represented by Mark Lambert, attorney for the Benckenstein, Norvell & Nathan law firm.

Case No. E176-466

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