Wreck on FM 365 subject of lawsuit

Kelly Holleran Apr. 15, 2011, 10:13am

A Jefferson County man has filed suit against the driver who he claims struck him as he stopped for traffic.

Ricky Lee Jones claims he was driving on FM 365 in Port Arthur on April 21, 2009, when he stopped for a vehicle turning left into a private driveway. Suddenly, defendant Waylon Nalley, who was driving in the same direction, failed to control his speed and struck Jones, according to the complaint filed March 31 in Jefferson County District Court.

Because of the accident, Jones incurred medical costs; lost his earnings and his earning capacity; and experienced physical pain, mental anguish, physical impairment and physical disfigurement, the suit states.

Jones blames Nalley for causing the collision, saying he negligently failed to maintain a proper lookout, failed to maintain proper control and failed to control his speed. In addition, Nalley negligently failed to timely apply his brakes, failed to take evasive action and failed to use reasonable care, the complaint says.

At the time of the collision, Jones had an insurance policy through defendant Farmers Texas County Mutual Insurance, which should have provided for damages he incurred in a collision with an under insured driver, he claims. According to the complaint, Nalley was an under insured driver, and now Jones is seeking to recover damages under the under insured driver provision of his policy.

In his complaint, Jones is seeking unspecified damages, plus interest at the legal rate, costs and other relief the court deems just.

John M. Lane of Provost and Umphrey Law Firm in Beaumont will be representing him.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Case No. D189-688

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