Final judgment entered in collision suit

David Yates Jul. 28, 2015, 1:17pm


In March, a suit brought by a Jasper County man, who claims a truck driver struck his vehicle while he was attempting to evade a car that had come into his lane, settled before the case could go to trial.

On April 14 a take nothing judgment was entered in the case, stating the parties had compromised and settled all claims, court records show.

Plaintiff Michael Daigle filed a lawsuit against Helena Bertrand, Robert Purks and Transit Mix Concrete and Materials Co. on March 26, 2013, in Jefferson County District Court.

Two years later, the case was set to go to trial on March 23 but settled before a jury could be selected, according to a courthouse official.

Daigle alleged he was driving west in the 2800 block of Highway 73 on Feb. 5, 2013, when he saw Bertrand’s vehicle, which was facing an eastbound direction but sitting in his lane. Just before, Bertrand had lost control of her vehicle, causing it to spin, to hit a concrete barrier and to come to a stop facing oncoming traffic.

When Daigle saw Bertrand’s vehicle, he slowed to avoid hitting it. Purks, who was driving a truck for Transit, was driving behind Daigle.

“Purks failed to stop in time and crashed into the back of plaintiff’s vehicle,” the suit states.

Purks and Transit Mix argued the incident was an “unavoidable accident,” according to the defendants’ amended answer, filed July 31.

Daigle was seeking to recover damages for his medical costs; suffered mental anguish, physical pain, suffering and disability; and lost his enjoyment of life and his earning capacity.

Clay Dugas of Beaumont represents him.

Transit Mix is represented by Ethan Shaw, attorney for the Austin firm Shaw Cowart.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

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