Lawsuit arising from rear-end collision set for trial

Pre-trial is underway in a lawsuit brought by a man claiming he sustained a neck injury after a driver rear-ended the vehicle he was riding in.

Plaintiff Dwayne Randle Sr. filed suit against Nadia Alexis Choates on March 14, 2013, in Jefferson County District Court.

Pre-trial in the case began Monday. Jury selection will start Thursday.

According to the second amended petition, on Aug. 4, 2012, Randle was ridding in a vehicle being driven by his brother. The vehicle was stopped at a stop sign when Choates rear-ended the vehicle.

Randle blames Choates for causing the collision, saying she negligently failed to control her speed, failed to keep a proper lookout, failed to timely apply her brakes, failed to drive in a safe manner and failed to control her vehicle.

In addition to his neck injuries, Randle experienced pain, suffering and mental anguish; lost wages and his earning capacity; and suffered physical impairment, the suit states.

Court records show Randle has recently filed a motion to exclude the testimony of one of the defense’s experts, Dr. Joseph Cormier, who was hired to testify on the biomechanics of the collision.

According to the motion, filed Nov. 21, the force of the collision did not result in Randle’s traumatic neck injury.

As of Monday, Dec. 1, there is no ruling on the motion on file.

Tommy L. Yeates of Moore Landrey in Beaumont represents Randle.

Judge Gary Sanderson, 60th District Court, is presiding over the case.

Case No. B194-157