Suit over Texas City wreck comes to close

John Suayan, Galveston Bureau Apr. 1, 2012, 12:18pm

GALVESTON � The late Thomas Viancour's lawsuit over a two-vehicle accident in Texas City came to a close.

Galveston County 405th District Court Judge Wayne Mallia issued an order in favor of Viancour's grand-niece, Kelli Sensenbrenner, and defendant Elinor Hernandez's joint motion for nonsuit with prejudice on March 13.

Viancour sued Hernandez on April 18, 2011, for colliding with his 1999 Mercury Gran Marquis near the intersection of State Highway 146 and the Emmett F. Lowry Expressway on Sept. 8, 2010.

Court papers filed at the time show both parties were traveling in the 3600 block of FM 1764 prior to the alleged incident.

They say Viancour was attempting to stop for a red light before proceeding toward the expressway when Hernandez slammed into his vehicle.

"After the defendant collided into the plaintiff, the defendant's vehicle crossed over the middle and outside lanes, left the roadway, ran over a highway sign and traveled approximately 200 more feet before coming to rest," according to the original petition.

A Texas City police officer on the scene drove the plaintiff to the nearby Mainland Medical Center to be treated for injuries to his legs, arms, neck, chest, head, back and general body.

The suit claims Viancour's body "was bruised, battered and confused."

Hernandez confronted the allegations in an original answer entered May 19, 2011.

Viancour, who was 85 at the time of the subject event, passed away on Oct. 17, 2011.

Case No. 11-cv-648

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