Suit over injuries at American Legion hall dismissed

David Yates Aug. 14, 2012, 8:00am

An insurance company and an American Legion post have been dismissed from litigation alleging they refused to pay a plaintiff $20,000 owed under a settlement agreement.

In January, the Southeast Texas Record reported that John H. Goolsby filed a lawsuit 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 Jefferson County District Court.

Court records show that on April 18 Goolsby filed a motion to dismiss, stating he no longer wished to pursue his claims against the defendants.

That same day, Judge Milton Shuffield, 136th District Court, granted the motion, dismissing the defendants with prejudice.

Goolsby alleged 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. The payments would be divided between Goolsby and Medicare. Goolsby was supposed to receive $35,000 while Medicare would be paid $23,698.39, the complaint says.

Medicare later decided to reduce its payment to $2,769.07. In turn, Goolsby claimed he was still entitled to the remaining $20,929.32 the defendants did not pay to Medicare.

He alleged the defendants breached their contract with him.

Kent W. Johns of Beaumont represents him.

Case No. D191-451

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