Port Bolivar resident says Galveston motorist responsible for 2012 collision

John Suayan, Galveston Bureau Nov. 7, 2013, 10:25am

GALVESTON - Port Bolivar local Eugene Werner is suing Galveston resident Melvin Lynn Brooks over a late October 2012 collision in Galveston between them.

According to court documents filed Nov. 5 in Galveston County District Court, Brooks struck Werner at the intersection of Ball Street and 34th Street on Oct. 29, 2012.

Werner was traveling westbound on Ball while Brooks traveled southbound on 34th.

The suit says Brooks heeded the stop sign then proceeded into the intersection.

"He did not look when he entered the intersection and struck the plaintiff's vehicle," the original petition says.

It asserts Werner "did not have a stop sign and had the right-of-way," adding police cited Brooks for "violating the law and contributing to the accident."

Werner claims he sustained injuries as a result of the subject wreck.

Brooks is faulted for:

  • Failing to keep a proper lookout;

  • Failing to turn his vehicle in an effort to avoid the collision;

  • Failing to apply his brakes;

  • Failing to stop at an official traffic control device; and

  • Failing to enter into the intersection only when he could have safely entered without interference.

Consequently, the plaintiff seeks unspecified monetary damages.

He is represented by attorney Christopher D. Bertini of the Bertini Law Firm, P.C. in Galveston.

The case has been assigned to Galveston County 405th District Court Judge Michelle Slaughter.

Case No. 13-CV-1413

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