Southeast Texas Record

Thursday, February 20, 2020

Contributory negligence asserted in collision suit

By David Yates | Dec 24, 2014

A defendant named in an automobile collision suit has answered the lawsuit against her, asserting a defense of contributory negligence.

On Sept. 10 Anthony V. Tran filed suit against Kimberlee D. Fowler, Phoebe M. Hanley and Genev A. Mayfield in Jefferson County District Court.

In his suit, Tran alleges he stopped and took evasive action to avoid a collision with Fowler, who was driving south on the shoulder of the northbound lanes of state Highway 73 in Orange County.

“While plaintiff was stopped, he was then rear-ended by a vehicle driven by defendant Hanley,” the suit states.

Court records show Hanley answered the suit on Oct. 24, asserting Tran is guilty of contributory negligence and his alleged negligence was a proximate cause of the incident.

Hanley prays that Tran take nothing and that she be awarded court costs.

Due to the collision, Tran claims he incurred medical costs, experienced physical pain and suffering and endured mental anguish, the complaint says. He also alleges he lost wages, lost his earning capacity, suffered disfigurement and endured physical impairment.

Tran blames the defendants for causing the collision, saying they negligently failed to control their speed, drove too fast, failed to keep a proper lookout, failed to keep a safe distance between her vehicle and the plaintiff’s, failed to swerve to avoid a collision, failed to bring her vehicle to a stop and failed to timely apply her brakes.

Tran seeks actual damages, plus pre- and post-judgment interest, costs and other relief the court deems just.

Ryan C. Scott of The Scott Law Firm in Beaumont represents Tran.

Hanley is represented by Keith Stanley, attorney for the Fairchild, Price, Haley & Smith law firm in Center, Texas.

Case No. B196-101

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