Construction barrels merged man into wrong lane, suit claims

Kelly Holleran Oct. 24, 2011, 11:12am

A man has filed suit against a construction company for improperly directing traffic into the right lane when construction was being performed in that lane, which led to a rear-end collision.

Terry Beasley claims he was driving south in the 2100 block of Interstate 10 on Aug. 29 when he encountered a sign directing him to merge right. However, as he merged right, there were orange construction barrels blocking his path, according to the complaint filed Oct. 13 in Jefferson County District Court.

"Defendants Brandon Pippin and Jimmy Everett failed to control their speed striking the rear of Plaintiff's vehicle as he was attempting to merge back into the left lane due to the construction zone," the suit states.

Pippin and Everett negligently drove too fast, failed to keep a proper lookout, failed to timely apply their brakes and failed to drive in a single lane, according to the complaint.

In addition to Pippin and Everett, Beasley names APAC Texas as a defendant. APAC was responsible for the sign that directed Beasley to merge right, the suit states.

APAC negligently failed to properly install road signs; put out signs for motorists to merge right, then blocked off the right lane; failed to follow state-sponsored sign regulation; and failed to have a flagman present, the complaint says.

Because of the collision, Beasley incurred medical costs; experienced mental anguish, physical pain, suffering and disability; and lost his enjoyment of life, the complaint says. In addition, he claims he lost his earning capacity and sustained physical impairment.

In his complaint, Beasley is seeking a judgment in excess of the minimum jurisdictional limits of Jefferson County District Court. He also is seeking costs, pre- and post-judgment interest and other relief the court deems just, according to the complaint.

Beasley will be represented by Clay Dugas and Mike JacobEllis of Beaumont.

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

Case No. B191-186

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