Insurer denied payment after underinsured driver struck minor, suit says

Kelly Holleran Jan. 23, 2012, 7:24am

Two Jefferson County residents claim they have been unable to redeem money from an insurance company after an underinsured driver struck a minor.

James Griffin and Kristi Abshire filed a lawsuit Jan. 5 in Jefferson County District Court against Farmers Texas County Mutual Insurance Company and Cherith J. Mayer.

In their complaint, James Griffin and Abshire allege minor Emma Griffin was walking in an unspecified location on Sept. 24, 2008, when Mayer struck her.

Because of the collision, Emma Griffin incurred medical costs, which she requested Farmers cover. At the time, James Griffin and Abshire had an insurance policy through Farmers, which was supposed to provide coverage in case of a collision with an underinsured driver, according to the complaint.

James Griffin and Abshire blame Mayer for causing the collision, saying she failed to control her speed, failed to maintain proper control of her vehicle, failed to timely apply her brakes, failed to provide an entrance on property and failed to remove debris to allow a safe entrance onto her property.

In their complaint, James Griffin and Abshire seek an unspecified judgment, plus other relief the court deems just.

M. Dru Montgomery of The Heartfield Law Firm in Beaumont will be representing them.

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

Case No. B191-615

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