Suit claims Beaumont couple violated settlement agreement

Kelly Holleran Aug. 23, 2010, 3:40am

Two Texans claim a Beaumont couple violated an indemnity agreement included in a settlement when they filed a lawsuit.

Linda and Tom E. Sawyer filed a lawsuit Aug. 13 in Jefferson County District Court against Stephanie and Trampis Spears.

The Sawyers claim the Spears settled a claim against them in November 2009. The settlement included an indemnity agreement.

However, the Spears violated the indemnity agreement when they filed a lawsuit Nov. 13, 2009, against Ashley J. Hardwick, according to the complaint.

"Defendants' breach (of the indemnity agreement) has proximately caused damage to Plaintiffs for which they now sue, including costs of defense of Cause No. A185-333, and any liability obligations which may arise from same," the suit states.

In their complaint, the Sawyers seek a declaratory judgment in which any costs for which they may be liable in the Hardwick suit be offset by the amount the Spears are liable to pay for breach of the indemnity agreement. In addition, they seek attorney's fees, costs, pre- and post-judgment interest and other relief the court deems just.

Eric Paul Edwardson of Beaumont will be representing them.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Jefferson County District Court case number: A187-545.

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