Crash with cement mixer subject of Galveston County suit

By John Suayan, Galveston Bureau | Mar 24, 2011

GALVESTON � Arguing that a collision with a cement mixer belonging to Mainland Concrete Inc. caused his vehicle to end up in a ditch, Texas City resident Samuel K. Martin has filed suit against the company and one of its employees.

Martin claims he was driving his 2000 Dodge Durango northbound near the intersection of Highway 35 and FM 517 in Alvin on March 21, 2009, when Noe Trevino collided with him, according to a suit filed March 16 in Galveston County District Court.

"As the plaintiff passed through the intersection, defendant Trevino simultaneously entered the intersection and failed to control his speed, attempted to turn north on South Highway 35 and rolled over onto the driver's side, striking the plaintiff's vehicle, causing both vehicles to skid off the roadway into the ditch," the original petition says.

The petition states that Trevino was on the clock for Mainland Concrete at the time of the incident, and he is faulted for failing to yield the right of way to Martin and not driving in a single lane.

Consequently, the plaintiff seeks unspecified monetary damages and a jury trial.

Bettison, Doyle, Apffel & Guarino P.C. is representing Martin, and Galveston County 10th District Court Judge David Garner is presiding over the case.

Case No. 11-cv-0471

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