This Just In: Recent civil suits filed in Jefferson County District Courts

David Yates May 1, 2008, 7:42am

April 23

  • Alpine Village Homeowner's Association vs. John M. Leger

    PA � Eddie R. Schroeder, J � Gary Sanderson

    The homeowner's association has filed suit against its former president, Leger, claiming that he used insurance proceeds from Hurricane Rita to hire his father's construction company to repair Alpine Village. The AVHOA also claims Leger transferred half ownership of a condo to another contractor without approval.

    The board further alleges the contractors hired by Leger did a poor and half finished job but were still paid in full. Lastly, the board alleges Leger ordered the board to collect $76,000 in dues, but now the money is unaccounted for. On Jan. 8, 2008, the board voted to remove Leger as president.

    The board is suing to force Leger to account for all his past transactions, which he is allegedly refusing to disclose, and to be awarded actual damages.

    Case No. B 181-643

  • Stanley and Beverly Hatcher vs. Sandelwood Trail Homeowners Association, Inc.

    PA � Stanley Hatcher, J � Milton Shuffield

    Hatcher is representing himself pro se in a case against STHA. He claims the homeowner's association unjustly put a $2,245 lien on his property for maintenance fees, when he says he wasn't receiving any maintenance to begin with. Hatcher and his wife are suing for $10,000 in actual damages.

    Case No. D181-644

  • Collins Giron vs. Texas Farm Bureau Underwriters et al

    PA � Michael Ramsey, J � Donald Floyd

    Giron is suing Texas Farm and two of its claim adjusters for denying at least a portion of his Hurricane Rita claim. He is alleging the defendants committed Deceptive Trade Practices and Insurance Code violations. He is suing for actual and consequential damages, plus attorneys' fees.

    Case No. E181-645

  • TNT Capital, Ltd. vs. National Lloyds Insurance Co.

    PA � Brandon Monk, J � Donald Floyd

    TNT owns property located at 224 South 16th South Street in Nederland and has an insurance policy with Lloyds. On July 20, 2005, TNT says its property was damaged by a fire. Lloyds paid the insurance claim proceeds to a third party lender instead to TNT.

    TNT is alleging Lloyds failed to perform its contractual duty and is suing for actual and compensatory damages.


  • Pamela L. Dodson vs. Texas Department of Transportation

    PA � Tommy Yeates, J � Bob Wortham

    Dodson, owner of LD Construction, was contracted alongside with TxDOT to perform work on the SH 82 bridge project between Jefferson County and Louisiana. Dodson claims that because she is a woman, TxDOT objected to her performing the construction, claiming her quality of work was poor. On Feb. 21, 2008, Dodson was informed by Austin Road & Bridge that her business would not be allowed to contract the project.

    She claims TxDOT discriminated against her because she is a woman.

    Dodson is suing to be reinstated to the project and attorneys' fees.

    Case No. A181-651

  • Dean Anderson vs. Daisy A. Cooper et al

    PA � Brain Sutton, J � Gary Sanderson

    On April 23, 2007, Anderson was driving his vehicle when he was struck from behind by Erick Williamson, who was driving a car owned by Marie Williamson. Erick had been hit from behind by Daisy Cooper.

    Anderson claims he was injured in the accident because of the negligence of the Williamsons and Anderson by failing to properly control their vehicles and is suing for past and future medical expenses, impairment, lost wages and mental anguish, plus attorneys' fees.


    April 24

  • Lorenzo, Rosa and Henry Walter vs. Mark and Carolyn Link

    PA - Quentin D. Price, J - Donald Floyd

    Able to speak only very little English, three immigrants are alleging a Nederland couple took advantage of their ignorance and duped them into buying a Port Arthur home with a lien against the property -- keeping the immigrants from receiving the deed.

    The Walters are suing for punitive, actual and consequential damages, plus attorneys' fees.

    Case No. E181-661

  • Bryan T. Reese vs. Tommy C. Jones

    PA � Mark Faggard, J � Gary Sanderson

    On June 18, 2007 Reese was driving on the 200 block of 4th Street when Jones allegedly failed to yield the right-of-way when he turned in front of Reese onto Laurel Street.

    Reese claims he was injured in the accident because of the negligence of Jones by failing to properly control his vehicle and is suing for past and future medical expenses, impairment, lost wages and mental anguish, plus attorneys' fees.


  • Jesse Conley Jr. vs. Marilyn Coffey

    PA � Mark Faggard, J � Gary Sanderson

    On April 27, 2006, Conley was driving on 23rd Street near the intersection of College Street when Coffey allegedly failed to stop at a red light and collided with Conley's vehicle.

    The defendant claims he was injured in the accident because of the negligence of the defendant by failing to properly control her vehicle and is suing for past and future medical expenses, impairment, lost wages and mental anguish, plus attorneys' fees.


    April 25

  • J&R Construction vs. Thomas and Marilyn Bell

    PA - M. Dru Montgomery, J - Milton Shuffield

    J&R Construction, hired shortly after Hurricane Rita hit, is pursuing litigation against Thomas and Marilyn Bell after they allegedly refused to fully pay the contractors for clearing fallen trees and fixing the roof on the couples' property.

    The plaintiffs are suing for actual damages and court costs.

    Case No. D181-664

  • Cynthia Walker vs. Live Oak Cemetery Inc.

    PA - Barry C. Bennett, J - Donald Floyd

    After years of ignored requests and pleas, the frustrated family of the late Clarence Walker has given up on Live Oak Cemetery ever being able to identify where their patriarch is laid to rest on its own accord and filed suit against the troubled funeral. Controversy has engulfed Live Oak Cemetery for years now, with several media outlets reporting on improper burials occurring at the Port Arthur funeral home.

    In the case of Clarence Walker, his surviving spouse, Cynthia Walker who was married to Clarence for 43 years, purchased a plot on May 10, 2006 in section H for $1,542.50.

    The day after Clarence Walker's funeral, his wife and children were unable to locate the plot where he was supposed to be buried. The Walker family is suing for economic and exemplary damages, mental anguish and attorneys' fees.

    Case No. E181-666

    April 28

  • Broussard's Mortuary Inc. vs. National Pre-Arranged Services Inc. et al

    PA � John Werner, J � Milton Shuffield

    Broussard's Mortuary Inc. filed suit against the pre-needs providers on April 28 in Jefferson County District Court. Named as defendants in the suit are National Pre-Arranged Services Inc., RBT Trust II, National Heritage Enterprises Inc., Forever Enterprises Inc., Lincoln Memorial Life Insurance Co. and Memorial Life Insurance Co. According to the complaint, all of the defendants are owned by RBT Trust II.

    According to the complaint, Broussard's entered into an agreement with the defendants for a pre-need program for the funeral home on April 15, 1999.

    Under the terms of the order and Texas law, Broussard's will be compensated for the contract amount or the "base value" value of the contract. But the state has informed Broussard's that is it unlikely to receive any of the "inflation amount."

    The plaintiff alleges that the defendants "business model" was untenable and knew either in 1999 or thereafter that they would not be able to honor those contracts.

    "As such, defendants are guilty of fraudulent inducement into contract and/or common-law fraud," the suit states.

    Case No. D181-676

  • Betty Avila et al vs. Insurance Company of the State of Pennsylvania

    PA - Nicholas G. Palmarozzi, Jr., J � Bob Wortham

    Seeking the reversal of a Workers' Compensation panel hearing that left her penniless, Betty Avila, who allegedly lost her husband in a work related injury, has filed a petition for judicial review against the Insurance Company of the State of Pennsylvania.

    Case No. A181-684

    April 29

  • David K. Ray vs. Lawrence W. Sanders, M.D.

    PA � Giles Kibbe, J � Gary Sanderson

    A Huntsman Petrochemical employee is suing the company doctor, claiming the physician ignored warning signs of an enlarging prostate. Inflicted with cancer, David K. Ray alleges Dr. Lawrence W. Sanders could have helped to halt the disease before it spread, if only he had "recognized the dangers associated with increasing PSA levels."

    Ray is suing for past and future medical expenses, pain, mental anguish, impairment and disfigurement, plus all court related costs.

    Case No. B181-681

    April 30

  • James W. Murray vs. Kansas City Southern Railway Co.

    PA - Bristol Baxley, J � Gary Sanderson

    A railroad worker lost his leg last month while aiding in track switching operations. Now, James W. Murray wants compensation for his injury and has filed suit against his employer, Kansas City Southern Railway Co. Murray is suing for more than $50,000 in damages.

    Case No. B181-687

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