September trial slated in pedestrian’s suit against driver who struck him

David Yates May 29, 2013, 1:33pm

A September trial has been slated in litigation brought by a pedestrian who was walking on the shoulder of a road when the defendant motorist struck him.

Seeking no more than $1 million in damages, Warren Trahan filed suit against Willis Landry and the man’s employer, Roberts Enterprises, on July 12 in Jefferson County District Court. 

A discovery control plan order was entered in the case on March 5, slating the case for trial in September.

The order also calls for the case to be mediated on or before Aug. 14.

Court records further show that on Aug. 28 Landry amended his answer to say, “that the occurrence in question as well as the damages complained of were proximately caused… by the negligence … of plaintiff.”

The answer further states that Trahan’s alleged injuries were preexisting.

The lawsuit alleges that on the morning of Sept. 19, 2011, Trahan was walking on the shoulder of the road near the intersection at Dequeen Boulevard and 11th Street in Port Arthur when he was sideswiped by a commercial vehicle being driven by Landry.

The suit alleges Landry failed to stop and render aid until two witnesses chased him down.

He is accused of negligently failing to keep a proper lookout for pedestrians, according to the suit.

Trahan claims he has suffered actual damages in an amount not to exceed $1 million, for which he now brings suit, the suit states.

Houston attorney Donald Worley of McDonald Worley represents him.

Landry is represented by Houston attorney Jeffrey Diamond.

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

Case No. A192-671

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