City only 10 percent negligent in causing collision, jury rules

David Yates Sep. 20, 2010, 8:46am

A Jefferson County jury recently concluded the city of Beaumont was only 10 percent negligent in causing plaintiff Kevin Roach's automobile collision.

Claiming "horrible road conditions" forced him to veer into oncoming traffic and strike another motorist, Roach sued the city in July 2008.

The case went to trial Sept. 13 in Judge Milton Shuffield's 136th District Court and ended three days later.

According to the charge of the court filed Sept. 16, jurors determined both the city and Roach were negligent in causing the collision, assigning 90 percent of the blame to Roach and the remaining 10 percent to the city.

On July 10, 2006, Roach was traveling down Concord Street in Beaumont, when "horrible road conditions caused (him) to lose control of his vehicle" and slam head on into another vehicle in the opposite lane, court records state.

"Plaintiff would show the area in question had huge holes, cracks and depressions in the asphalt," the suit states. "Such excavations and obstructions caused plaintiff to lose control."

During the trial, Roach argued that the city negligently failed to maintain its roadways.

Jurors awarded him no damages for his alleged mental anguish, impairment and medical expenses.

Roach is represented by Beaumont attorney Jonathan Juhan.

Senior Assistant City Attorney Quentin Price represents the city.

Case No. D181-982

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