SE Texas Record

Thursday, December 12, 2019

Motorcycle crash on MLK subject of suit

By Kelly Holleran | Jun 8, 2010

A motorcyclist claims a driver struck him after failing to yield the right-of-way to him.

Steven Smith filed a lawsuit May 27 in Jefferson County District Court against Daryl Wayne Bertrand.

Smith claims he drove his motorcycle on Martin Luther King Jr. Parkway at its intersection with Liberty Street on June 15, 2008, when Bertrand struck him.

"Upon doing so, Plaintiff's cycle was struck by a vehicle driven by Defendant, Daryl Wayne Bertrand, who failed to yield the right of way as Defendant turned left into Plaintiff's lane of traffic," the suit states.

Because of the collision, Smith incurred medical costs, experienced physical pain and suffering, endured physical impairment, lost his earnings, suffered disfigurement and mental anguish and fears a future disease, according to the complaint.

He blames Bertrand for causing the collision, saying Bertrand negligently failed to keep a proper lookout, failed to swerve to avoid a collision, drove too fast, failed to apply his brakes, failed to stop or yield at the intersection and failed to enter the intersection only when he could safely do so.

In his complaint, Smith seeks a judgment within the jurisdictional limits of Jefferson County District Court, plus pre-judgment interest at the maximum rate, post-judgment interest at the legal rate, costs and other relief to which he may be entitled.

Trent Devenzio of McCall and Devenzio in Beaumont will be representing him.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Jefferson County District Court case number: D186-955.

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