2009 La Marque wreck subject of lawsuit

John Suayan, Galveston Bureau Oct. 25, 2011, 7:10am


GALVESTON - Texas City resident Elroy Murray has filed suit against Michelle Dawn Jones in response to a 2009 accident.

According to a lawsuit filed Oct. 13 in Galveston County District Court, a 2004 Chevrolet Cavalier driven by Jones rear-ended Murray's 2006 Ford pickup truck as he waited at a traffic light at the intersection of Interstate 45 and FM 1765 in La Marque on Dec. 22, 2009.

The suit says the alleged collision occurred "suddenly, unexpectedly and without warning."

"Based upon information and/or belief, the defendant Michelle Dawn Jones was traveling in a southbound direction behind the plaintiff and among other things, failed to control her speed, failed to pay proper attention and/or failed to timely apply brakes proximately resulting in a collision," the suit states.

"As a proximate result of the collision and/or incident, the plaintiff suffered injuries and damages about which he complains."

The original petition shows Murray is also pursuing legal action against his insurer, Allstate County Mutual Insurance Co, alleging it "has failed to heed the demand and requests and has opted to disregard and/or offer less, and/or evaluate these claims in manner that is reasonable and fair and/or to provide an evaluation and compensation as is required pursuant to the policy of coverage" related to uninsured or underinsured motorists.

Consequently, the plaintiff seeks unspecified monetary damages.

He is represented by attorney Lawrence M. Tylka of League City.

The case has been assigned to Galveston County 212th District Court Judge Susan Criss.

Case No. 11-cv-1600

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