IESI Corp. files motion for continuance

David Yates Oct. 26, 2010, 6:22am

Last November, Nederland resident Damien Allen filed suit against truck driver Craig Porter and his employer IESI Corp. claiming Porter rear-ended him while in the course and scope of his employment.

Nearly a year later, IESI and Porter filed a motion for continuance on Oct. 14, requesting additional time for discovery.

Court records show that on June 10, 2009, Allen was traveling west on Cardinal Drive when he slowed down for traffic. Porter, who was traveling behind him, allegedly failed to control his speed and rear-ended Allen.

In their motion for continuance, the defendants are requesting more time so they can depose a representative of the city of Beaumont who would be familiar with road work being conducted in the area at the time of the incident.

"This motion is not sought for the purpose of delay, but solely in the interest of justice," the motion states. "The information sought is material to this case and cannot be procured from any other source."

Allen claims he hurt his neck and shoulders in the crash, court papers say.

He is suing for past and future mental anguish, pain, medical expenses and lost wages.

Beaumont attorney Clay Dugas is representing him.

The defendants are represented by Houston attorney Douglas Mena.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Case No. B185-370

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