Last September, Vidor resident Kenneth Sheppard filed a $5 million lawsuit against the city of Beaumont claiming it took too long to provide him with an incident report after a hit-and-run automobile collision.
A year later, the city is requesting a plea to the jurisdiction hearing, arguing that governmental immunity shields it from baseless litigation.
A hearing has been slated for Oct. 29 in Judge Donald Floyd's 172nd District Court. As of Oct. 18 no plea to the jurisdiction motion was on file in the Jefferson County District Clerk's Office.
Court papers show that on Sept. 30, 2007, Sheppard was returning home when he was struck by a "large F-250 Ford" truck backing out onto into the intersection of 11th Street and the Interstate 10 feeder road.
According to the suit, the truck totaled Sheppard's vehicle and then fled the scene.
He alleges the Beaumont Police Department failed to provide him with an incident report within the law required 10 days, which Sheppard alleges kept him from seeking medical attention.
Sheppard says in his suit a lack of automobile insurance hindered him from seeking medical attention until he obtained the report.
In the eight months it took BPD to provide him with the report, Sheppard claims he racked up $5 million in damages, court papers say.
Sheppard is representing himself.
The city is represented by Senior Assistant City Attorney Quentin Price.
Case No. E185-008