Galveston wreck subject of lawsuit

John Suayan, Galveston Bureau Jan. 31, 2012, 3:41am

GALVESTON - Brazoria County residents Shelly Branch and Stanley Shelton have filed suit over a 2010 two-vehicle collision in Galveston.

A lawsuit filed Jan. 13 in Galveston County District Court claims La Marque resident Raul Trevino Jr. caused the accident in question along Seawall Boulevard on April 24, 2010.

Recent court documents explain that Branch was driving her vehicle with Shelton as her passenger prior to the incident, stating Trevino "was traveling closely behind the plaintiffs at a high rate of speed."

"Suddenly and without warning to the plaintiffs, the defendant Raul Trevino Jr. drove his vehicle into the rear of the vehicle occupied by the plaintiffs," the original petition says.

The complainants subsequently received medical attention.

They blame Trevino for failing to control his speed, failing to maintain an assured safe distance, failing to keep a proper lookout, failing to pay adequate attention, failing to timely apply his brakes and failing to take evasive action.

The plaintiffs' insurer, State Farm Mutual Automobile Insurance Co., joins Trevino as a defendant because it "has refused to tender the policy limits available under the (underinsured motorist) policy."

"Defendant State Farm failed, and continues to fail, to make a reasonable offer to settle the plaintiffs' claims for damages, and give the plaintiffs the benefit of bargain of their underinsured motorist coverage present in the attendant insurance policy," the suit says.

Consequently, the complainants seek unspecified monetary damages.

They are represented by The Carlson Law Firm, P.C.

The case has been assigned to Galveston County 122nd District Court Judge John Ellisor.

Case No. 12-cv-0050

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