Woman not wearing seatbelt is responsible party, Port Arthur claims in collision suit

David Yates Aug. 6, 2012, 9:18am


The city of Port Arthur is asserting a woman, who wasn't wearing her seatbelt at the time of a motor vehicle collision, is the responsible party in causing James Trail's injures.

As previously reported, Trail, a Port Arthur resident, sued the city he resides in on Aug. 30, 2011, in Jefferson County District Court for injuries he received when a vehicle he was riding in collided with a Port Arthur fire truck.

Court records show that on March 20, 2010, Trail was traveling in an Excursion limousine and had stopped at a stoplight at the intersection SH 87 and US 69 in Port Arthur when a city fire truck struck the vehicle.

Shoronda Trail, who was not wearing her seatbelt, was thrown onto James Trail, causing his injuries.

On July 20 the city filed a motion for leave to designate Shoronda Trail as responsible third party, asserting she negligently failed to wear her seatbelt and injured James.

The suit accuses the city fire truck of negligently disregarding turn markers at an intersection and failing to pass his vehicle safely.

James is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

He is represented in part by Beaumont attorney Barry Bennett of Eddins & Bennett.

Germer Gertz attorney Larry Simmons of Beaumont represents the city.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A190-740

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