City asks judge to dismiss pothole injury suit

David Yates Dec. 21, 2009, 1:00pm

In October, the Southeast Texas Record reported on a suit filed against the city of Beaumont by Sherry White, a local woman who alleged she was seriously injured after running over a pothole.

Arguing that it has governmental immunity, the city asked Judge Milton Shuffield, 136th Judicial District, to dismiss the case on Monday, Dec. 21.

A courthouse employee told the Record the judge has taken the city's motion under advisement and that a ruling should be issued by the end of the month. �

In her suit, White claims she was driving a 2000 Toyota Avalon at the intersection of Ethel and Edmonds in Beaumont on Oct. 6, 2007, when she encountered a large pothole.

"As a result of such, her vehicle lurched violently causing damage to the vehicle and to her person," the suit states.

Because of the incident, White suffered physical pain, mental anguish and physical impairment, incurred medical costs and lost wages, according to the complaint.

White blames Beaumont for failing to maintain its road and for failing to warn her of a hazardous condition.

The city argues in court papers that there is no evidence on the matter.

White is seeking a judgment in excess of the jurisdictional limits of Jefferson County District Court, pre- and post-judgment interest at the maximum legal rate, costs and other relief to which she may be entitled.

Jack Todd Ivey of Ivey Law Firm in Beaumont will be representing White.

The city is represented in part by City Attorney Tyrone Cooper �

Jefferson County District Court case number: D185-025

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