Two men file suit against driver who failed to yield right-of-way

Kelly Holleran Jan. 21, 2013, 12:01pm

A Richmond man and a Sugar Land man have filed suit against the driver who they claim failed to yield the right-of-way at a stop sign. 

Herber A. Beltran and Rigoberto Garcia claim they were riding in a vehicle traveling east in the 3700 block of the State Highway 73 feeder road in Port Arthur on Jan. 24, 2011, when defendant Denise Pham, who was traveling in the 4400 block of Ninth Avenue, attempted to make a turn on State Highway 73 feeder road.

However, Pham failed to yield the right-of-way and struck the driver’s side of Beltran’s vehicle with the front of her vehicle, according to the complaint filed Jan. 9 in Jefferson County District Court.

Because of the collision, Beltran and Garcia suffered pain, mental anguish and physical impairment; incurred medical costs; and will incur medical monitoring costs in the future, the suit states.

Pham negligently failed to keep a proper lookout, failed to keep a safe distance between her vehicle and Beltran’s, failed to turn her vehicle to avoid a collision, failed to properly apply her brakes, failed to keep her vehicle under control, failed to discontinue driving when she was not physically alert and failed to obey road pavement markings, among other negligent acts, the complaint says.

In their complaint, the plaintiffs are seeking a judgment within the jurisdictional limits of Jefferson County District Court, plus pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and other relief the court deems just.

Joshua Estes of The Estes Law Firm in Richmond will be representing them.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Case No. A193-808

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