Following a thumbs-down from an appeals court, an automobile collision trial is now underway in Judge Milton Shuffield's 136th District Court.
The defendant and an intervener in the case had sought to add a last minute expert to the case, but the judge shot them down earlier this month.
With the trial slated to begin Sept. 8, the parties filed a mandamus review and a stay of proceedings request in the Ninth District of Appeals of Texas on Sept. 3.
The following day, justices denied their petition, booting the case back down to Shuffield's court.
Renee Hollier filed suit against Kevin Alan Lavine in August 2007 after her son was killed in a tractor-trailer collision.
According to court documents, on June 27, 2007, Jordan Hollier, Renee's son, was a passenger in a vehicle being operated by Meagan Osborne.
The two were traveling along the Eastex Freeway when Lavine, who was allegedly speeding while driving his tractor trailer, collided with Osborne's vehicle.
Jordan sustained a head injury, resulting in his death, court papers say.
In addition to Lavine, Renee Hollier faulted Osborne, a minor, for her son's death, suing the girl and her mother.
However, court papers show Renee non-suited Osborne and her mother on Feb. 26, leaving only Levine as a defendant.
During the trial, jurors will have to decide if Levine was at least 51 percent negligent in causing Jordan Hollier's death.
Renee is suing for survival damages and is asking jurors to award her monetary damages as compensation her for her son's death.
She is represented by attorney Anthony Malley III of the Moore Landrey law firm.
Lavine is represented in part by attorney Michael Ray McGown.
Case No. D179-822