John Suayan, Galveston Bureau Feb. 12, 2013, 9:48am

GALVESTON - Hitchcock local Bobby Smith claims to have been involved in a two-vehicle accident in Santa Fe late last year and has filed a lawsuit, recent court documents say.

Smith blames Alvin resident Charles Ray Phillips III for the alleged Oct. 4, 2012, wreck in the suit filed Feb. 7 in Galveston County District Court.

On the date in question, the plaintiff was a passenger in a vehicle driven by Jack Brewer, who is not a party in the case.

Said vehicle was traveling near Highway 6 and FM 1764 when it stopped for a school bus that was dropping children off.

While Smith and Brewer were waiting on the bus, the defendant struck them from the rear, the original petition says.

The suit adds the apparent impact caused injuries to Smith's neck, hip and back, stating the complainant also suffered memory loss.

Brewer's fate is not mentioned.

Phillips is blamed for:

  • Driving without paying attention;

  • Failing to control his speed;

  • Failing to steer the vehicle to the right to avoid the subject collision;

  • Failing to timely apply the brakes;

  • Failing to maintain a lookout; and

  • Failing to yield the right of way.

Consequently, the plaintiff seeks unspecified monetary damages and a jury trial.

He is represented by attorney Cynthia Huerta with Schechter McElwee Shaffer & Harris L.L.P in Houston.

Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 13-CV-189

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