SOUTHEAST TEXAS RECORD

A man says his severe bodily injuries occurred after a driver failed to control his speed and struck the man's vehicle.

Jerry Wayne Brawley filed a lawsuit May 18 in Jefferson County District Court against Terrance T. Yarbrough and Progressive County Mutual Insurance Co.

In his complaint, Brawley alleges he drove a vehicle north on Eastex Freeway in Beaumont on Nov. 5, 2009, when he stopped for traffic. Suddenly, Yarbrough slammed into Brawley's vehicle after failing to control his speed, according to the complaint.

Because of the accident, Brawley incurred medical costs, experienced physical pain and mental anguish, incurred physical impairment and lost wages and his earning capacity, the suit states.

Brawley blames Yarbrough for causing the collision, saying Yarbrough negligently failed to control his vehicle, failed to properly apply his brakes, failed to yield the right-of-way, drove too fast and failed to keep a proper lookout.

At the time of the collision, Brawley had insurance through Progressive, which should have reimbursed him if he ever got into a collision with an under insured driver.
Brawley describes Yarbrough as an under insured driver, but says Progressive failed to pay Brawley for his damages.

In his complaint, Brawley seeks a judgment within the jurisdictional limits of Jefferson County District Court, a statutory penalty, attorney's fees, pre- and post-judgment interest at the maximum rate allowed by law, costs and other relief the court deems just.

Scott W. Browne of Browne and Browne in Beaumont will be representing him.

Judge Donald Floyd, 172nd District Court, has been assigned to the case.

Case No. E190-047