Settlement reached in I-10 pileup wrongful death case

Marilyn Tennissen Mar. 12, 2014, 3:46pm

A lawsuit filed on behalf of a couple killed in a massive pile up on Interstate 10 in 2012 has been settled. 

On March  4, the plaintiffs' motion for non-suit with prejudice was granted by Jefferson County 172nd District Court Judge Donald Floyd.

As previously reported, Vincent Leggio Jr., both individually and as the representative of the estate of Vincent Leggio Sr. and Debra Leggio, Richard Leggio and Amanda Machowicz filed suit against trucking company C.R. England Inc. and driver Richardo Fernando Kerr was filed in Jefferson County District Court on Nov. 29, 2012.

Their suit was first filed under Case No. B193-657, but was consolidated with other suits into Case No. E194-251.  The plaintiffs are suing for their mental anguish and funeral expenses.

Their suit was filed about one week after Vincent Leggio Sr. and Debra Leggio were killed on Thanksgiving Day 2012 on I-10 just west of Beaumont. 

According to the lawsuit, on Nov. 22,2012, the Leggios encountered several stopped vehicles blocking their lane of traffic on I-10 when Kerr, who was driving a tractor-trailer owned by C.R. England, failed to control his speed and struck their vehicle. Debra Leggio, 60, and Vincent Leggio, 64, of Pearland were killed in the crash.

Early morning fog may have led to the pileup, which eventually included more than 100 cars, according to local media reports. According to the Department of Public Safety and the Jefferson County Sheriff’s Office, 80 to 90 people were hurt, with 10 to 12 critically or seriously injured in addition to the two fatalities. It took more than eight hours to clear the interstate on one of the busiest road travel days of the year.

The incident caught the eye of several of Southeast Texas' high-profile attorneys. Walter Umphrey of Provost Umphrey Law Firm in Beaumont and Joseph D. Jamail of Jamail & Kolius in Houston are representing the Leggios.

The case was ready for trial in December 2013.

But according to court papers the attorneys submitted on March 3, the plaintiffs filed a Notice of Nonsuit With Prejudice as to defendants C.R. England Inc. and Richardo Kerr of any and all claims, demands or causes of action for gross negligence, punitive damages or exemplary damages asserted in the case.

Judge Floyd granted and signed the notice on March 4.

No information about the dismissal or settlement are available.

Case No. E194-251

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