Man sues over injuries at American Legion hall

Kelly Holleran Jan. 2, 2012, 10:24am

A Beaumont man alleges an insurance company and an American Legion post where he sustained injuries refuse to pay him more than $20,000 they allegedly owe him under a settlement agreement.

John H. Goolsby filed a lawsuit in Jefferson County District Court against The Hanover Insurance Co., also known as Hanover Texas Insurance Management Co., and American Legion Post No. 817, also known as Dorie E. Miller Post.

In his complaint, Goolsby alleges he and the defendants entered into a settlement agreement on March 11 after Goolsby sustained disabling injuries at the American Legion hall on Dec. 9, 2009.

In the settlement agreement, the defendants consented to pay Goolsby $58,698.39, according to the complaint. The payments would be divided between Goolsby and Medicare, the suit states. Goolsby was supposed to receive $35,000 while Medicare would be paid $23,698.39, the complaint says.

Later, Medicare decided to reduce its payment to $2,769.07. In turn, Goolsby claims he is entitled to the remaining $20,929.32 the defendants did not pay to Medicare.

Goolsby alleges the defendants breached their contract with him.

In his complaint, Goolsby seeks a declaration that the settlement is an agreement between both he and Medicare and that the defendants owe him the money they did not pay to Medicare. In addition, he seeks damages within the jurisdictional limits of Jefferson County District Court, plus pre-judgment interest at the maximum rate allowed by law, attorney's fees, post-judgment interest at the legal rate, costs and other relief the court deems just.

Kent W. Johns of Beaumont will be representing him.

Judge Milton Shuffield, 136th District Court, has been assigned to the case.

Case No. D191-451

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