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SOUTHEAST TEXAS RECORD

Friday, March 29, 2024

City seeks immunity in tractor collision suit but fails to attend dismissal hearing

Arguing that it has governmental immunity, the city of Beaumont filed a motion to dismiss in a lawsuit over an employee who allegedly backed his tractor into plaintiff Joanna Prejean's vehicle.

However, minutes before a hearing over the matter was set to begin on Tuesday, Aug. 3, the city called and cancelled, offering no reason for the cancellation.

A courthouse official told the Southeast Texas Record the city also declined to reset the hearing for a later date.

As the Record reported in March, Prejean filed a lawsuit in Jefferson County District Court claiming she was driving down Scranton Street in Beaumont on March 27, 2008, when Louis Joseph Gilder, who was driving a tractor for the city, backed into her vehicle.

In her suit, Prejean alleges that because of the collision she incurred medical costs and property damage; lost her earnings and her earning capacity; and suffered physical impairment, pain and mental anguish.

A few weeks after the suit was filed, Senior Assistant City Attorney Quentin Price filed a motion to dismiss, arguing that the city is a governmental body protected from civil litigation.

Jonathan Juhan of Beaumont is representing Prejean.

Judge Milton Shuffield, 136th District Court, is presiding over the case.

Jefferson County District Court case number: D186-166.

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