Suit over Kemah truck crash reinstated

John Suayan, Galveston Bureau Oct. 3, 2011, 3:18pm

GALVESTON - A $50,000 lawsuit arising from a 2009 accident involving a tractor-trailer has recently been reopened after being dismissed for want of prosecution.

Galveston County Court at Law No. 2 Judge Barbara Roberts granted plaintiffs Adrian Cantu Barrera and Sergio Valez's motion to reinstate the case on Sept. 12, approximately a month after it was disposed.

Barrera originally sued Nathan Zachary Grant on April 14 after a vehicle driven by Grant struck a tractor-trailer he operated in Kemah on April 14, 2009.

Valez is a plaintiff in the suit because the tractor-trailer belonged to him.

The original petition claims Grant attempted to pass up Barrera near the intersection of Highway 146 and Meadow Lane, but collided with the complainant.

Barrera says he executed a customary wide turn as done by many tractor-trailers into a business driveway when Grant reportedly attempted to race past him.

He claims Grant weaved through stopped vehicles to pass him as if he was racing to beat an oncoming train.

The defendant submitted an original answer and a jury trial request on June 7.

Arguing the plaintiffs' counsel failed to appear at an Aug. 11 status conference, Grant filed a motion to dismiss for want of prosecution on Aug. 15, which Roberts ruled in favor the next day.

Attorneys Sam Streeter and S. Bruce Hiran of Houston are representing the complainants while Soule, Baldwin & Fanaff is representing the defendant.

Cause No. 65,073

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