Plaintiff appeals Entergy's win in trial over employee's automobile collision

David Yates Oct. 31, 2011, 9:00am

The Ninth Court of Appeals is set to review briefs in a case brought by Michael Milson, who unsuccessfully sued Entergy in February 2008, alleging one of its employees negligently rear-ended and injured him.

The case went to trial on Sept. 27, 2010, and ended a week later with an Entergy victory, prompting Milson to appeal the judgment to higher court.

According to his appellate brief, Milson argues that he should be granted a new trial because a female member of the jury had a previous conflict with his wife.

"Therefore, I believe that she (the juror) presented a conflict of interest and misrepresented herself," the brief states.

Conversely, Entergy asserts that Milson waived his right to appeal any alleged jury misconduct when he and his attorney failed to bring the issue to the trial court's attention, court papers say.

Entergy also argues that evidence was legally sufficient to support the jury's findings.

The case is set for submission on briefs for Nov. 10.

Court records show that on Feb. 5, 2007, Milson was turning east onto Thomas Boulevard in Port Arthur when his vehicle was rear-ended by a company vehicle driven by Entergy employee Harry Carmouche, who was in the course and scope of his employment at the time of the incident.

During the trial, Milson argued Carmouche negligently failed to keep a proper lookout and apply his brakes in time. He blamed Entergy for failing to properly train and supervise him.

However, jurors found zero negligence on Entergy's part.

Although Provost Umphrey attorney Jane Leger first represented Milson, he now represents himself.

Entergy and Carmouche are represented by Beaumont attorney Christine Kibbe.

Judge Donald Floyd, 172nd District Court, presided over the trial.

Trial case No. E181-230
Appeals case No. 09-10-00483-CV

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