SE Texas Record

Thursday, July 18, 2019

Jefferson County driver no match for armored car in collision

By Marilyn Tennissen | May 10, 2007

A Jefferson County man has sued an armored car company after a collision in Orange.

Joe Barnett and his wife Rose filed a personal injury suit against driver Tony Lynn Tomplait of Port Neches and Rochester Armored Car.

The suit was filed in Orange County District Court on April 30.

According to the plaintiff's original petition, Barnett was in a collision with Tomplait and the armored car on Nov. 28, 2005, in Orange. Barnett says the carelessness and recklessness of the defendants caused him severe and permanent injuries.

Plaintiffs say Tomplait's action constitute negligence per se because the defendant failed to keep proper lookout, yield right of way, maintain proper control, timely apply brakes and used excessive speed.

Rochester Armored Car is also negligent because it entrusted its vehicle to Tomplait.

Barnett is seeking damages for past and future physical pain and suffering, medical expenses, physical impairment, disfigurement, emotional distress and "loss of ability to enjoy life."

Plaintiffs' attorney Trent Bond of Reaud, Morgan & Quinn has requested interrogatories from defendants within 30 days to include information on Tomplait's driving record and previous convictions, damages to defendant's vehicle, any alcoholic beverages consumed, prior accidents and any illness or medical condition that may have contributed to the incident.

The case has been assigned to Judge Patrick Clark of Orange County 128th District Court.

Case No. A070-223-C

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