Employment records sought in suit against Clear Channel Communications

Seeking to verify a plaintiff's alleged loss of earnings, Clear Channel Communications filed a motion to compel discovery on April 1.

On July 23, the Southeast Texas Record reported that Regina and Phillip Salter filed suit against Clear Channel and Kevin Donald Born after Born allegedly failed to stop at a red light and rear-ended the Salters' vehicle.

The lawsuit, filed in Jefferson County District Court, stated the collision occurred on Sept. 4, 2009, as the Salter vehicle was stopped on the northbound Eastex Freeway service road waiting for a red light to change at the Lucas Street intersection.

Court records show Born, a Clear Channel employee, slammed into the rear of her vehicle.

Clear Channel and Born filed the motion asking the court to order Regina Salter to hand over her employment records, the motion states.

She was originally served with the production request on Aug. 27. However, the request was denied because it was supposedly overly broad and an "unreasonably intrusive and invasion of privacy," the motion states.

In their motion, the defendants argue employment records are discoverable pursuant to Texas law and the records are needed to calculate her alleged lost wages and loss of earning capacity.

They plaintiffs are seeking damages for medical expenses, loss of earnings and earning capacity, physical incapacity, physical pain, mental anguish, physical impairment, loss of enjoyment of life, disfigurement, loss of household services, spousal consortium, interest and court costs.

The Salters are represented by Beaumont attorney Dana Timaeus of Timaeus & Rose.

Houston attorney Brian Zimmerman represents the defendants.

Judge Donald J. Floyd, 172nd District Court, is presiding over the case.

Case No. E187-366