Motorcyclist blames driver for causing collision
A man has filed suit against the allegedly intoxicated driver who he claims struck his motorcycle.
Robert Blaine Endicott claims he was driving his motorcycle in Galveston County on Nov. 2, 2012, when defendant Michael Bradford Smith struck his vehicle. At the time of the collision, Smith was working for defendant Milt’s Seafood and was intoxicated, according to the complaint filed July 17 in Jefferson County District Court.
Because of the accident, Endicott incurred medical costs, experienced physical pain and suffering and endured mental anguish, the suit states. He also experienced physical pain and suffering, endured physical impairment and lost earnings, the complaint says.
Endicott blames Smith for causing the collision, saying he negligently failed to keep a proper lookout, failed to maintain control of his vehicle, drove too fast, failed to apply his brakes in a timely manner, failed to turn to avoid a collision and failed to keep a proper distance, among other negligent acts.
Smith also names Milt’s Seafood as a defendant, saying it negligently failed to exercise ordinary care, allowed an intoxicated employee to drive a company vehicle, allowed an employee to become intoxicated on the job, failed to adopt or enforce a policy of not allowed the use of drugs or alcohol during work hours and failed to monitor employees for being under the influence.
Endicott is seeking a judgment within the jurisdictional limits of the 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.
B. Adam Terrell of Weller, Green, Toups and Terrell in Beaumont and Travis McCall of Beaumont will be representing him.
Jefferson County District Court case number: D195-893
This is a report on a civil lawsuit filed at the Galveston County District Court. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.