Substitution of service granted, again, in officer's injury suit
For the second time, a Beaumont judge is allowing a process server to tack a lawsuit to a defendant's front door in a local officer's personal injury case.
As previously reported, Waysie Jensen, an officer with the Beaumont Police Department, filed suit against Royale and Brandy Plair on Dec. 30 in Jefferson County District Court, alleging Royale Plair struck his vehicle twice while fleeing a domestic disturbance scene.
After 13 failed attempts, Jensen filed a motion to substitute service for Royale on June 13, court records show.
A week later, Judge Donald Floyd, 172nd District Court, granted the motion on June 22, giving the process server permission to tack the plaintiff's petition on Royale's door or leave it with an adult over the age of 16.
Court records further show that on Jan. 24 a motion for substitute service was granted after Brandy, the other defendant in the suit, repeatedly refused to answer her door for the process server, even though there were clear signs she was home.
The lawsuit alleges that on Feb. 3, 2010, officer Jensen was responding to a domestic disturbance call when Royale, driving a vehicle owned and insured by Brandy, struck his vehicle twice while attempting to flee from the scene.
Officer Jensen alleges he injured his back and right arm because of Royale Plair's negligence, claiming the defendant was an incompetent and unfit driver who acted with indifference to the welfare of the plaintiff, the suit states.
On top of exemplary damages, Officer Jensen is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
Beaumont attorney Jonathan Juhan represents him.
Case No. E191-590