Litigation continues over collision involving parked car

GALVESTON - After being recently served with a lawsuit, Cleanserve Inc. has filed a third-party original petition.

In court papers filed Aug. 25 in Galveston County Court at Law No. 3, Cleanserve faults motorist Rafael Gonzalez for an auto collision between Melvin Green and one of its vehicles on Aug. 20, 2010.

As previously reported, Green sued Cleanserve in May, claiming the company's vehicle was parked on the shoulder of the highway and blocked his view and led to a collision.

Green claims he was riding his motorcycle northbound in the outside lane of Highway 146 and was turning into a private parking lot. According to the original petition, "A vehicle pulled out and Melvin Green took evasive action, but collided with the vehicle that pulled onto the roadway."

The vehicle was reportedly operated by Gonzalez.

According to Green's suit, a police report shows Cleanserve's vehicle "possibly obstructed the (plaintiff's) view and blames the business for failing to park in a safe area and failing to adequately mark the vehicle's existence to warn the driving public."

Cleanserve's complaint blames third-party defendant Gonzalez for failing to keep a proper lookout, failing to yield the right of way when exiting a private parking lot, failing to drive with proper attention and failing to take evasive action.

It also filed a general denial against Green.

A jury trial is requested.

Fulkerson, Feder, Lucero & Wollam LLP is representing Cleanserve.

Cause No. 65,246