Defendant awarded summary judgment in cycling fatality, plaintiff a no show

David Yates Jun. 13, 2011, 8:54am

A defendant accused of killing a cyclist with his car was awarded summary judgment on Monday after the plaintiff failed to show for a hearing.

On behalf of the late Anselmo Tristan-Sanchez, Emma Reyes filed suit against Jonathan Woods on Dec. 9, 2009, in Jefferson County District Court, alleging Woods negligently failed to keep a proper lookout and killed her father while he was out riding his bicycle.

Judge Milton Shuffield, 136th Judicial District, awarded Woods summary judgment June 13.

A court official told the Southeast Texas Record that Reyes, a pro se plaintiff, failed to attend the summary judgment hearing.

According to court documents, Beaumont attorney Clay Dugas was representing Reyes but withdrew last month after numerous unsuccessful attempts to get in contact with Reyes.

Court records show that on April 23, 2009, Tristan-Sanchez was riding his bicycle "in a cautious and prudent manner" when he approached the intersection of Avenue A and College Street in Beaumont.

Woods, who was allegedly driving at an unsafe speed while passing through the intersection, struck Tristan-Sanchez and killed him, court papers say.

Reyes was suing for wrongful death damages.

Case No. D185-455

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