Port Arthur asks judge to dismiss officer from suit

By David Yates | Oct 27, 2011

The city of Port Arthur is asking a local judge to dismiss one of its police officers from a suit filed by Kathy Gregory, who sued after the officer allegedly caused a car crash.

Gregory filed the suit last September, claiming she was driving south on Highway 365 in Port Arthur on Sept. 20, 2008, when defendant and Port Arthur policeman Jason Miles attempted to pursue another vehicle driving erratically on the highway.

"In an attempt at pursuit of the third vehicle, Defendant Jason Miles travelled in to the inside lane on Highway 365 in front of Plaintiff's vehicle, causing her to apply her brakes and skid/slide into Defendant's vehicle," the suit states.

Court records show that on Sept. 15 the city and PAPD filed a motion to dismiss Miles, stating that the plaintiff fails to state a claim upon which relief can be granted against him.

The motion argues Gregory's claim cannot be against both the government employee and the government that employs him.

Because of the accident, Gregory incurred medical costs, experienced physical pain and suffering, lost earnings and sustained property damages of $5,000, the complaint says. In addition, she claims she sustained mental anguish.

Todd W. LeBlanc of Beaumont represents her.

The defendants are represented by Frank Calvert, attorney for the Beaumont law firm Calvert Eaves Clarke & Stelly.

Judge Milton Shuffield, 136th District Court, is presiding over the case.

Case No. D188-388

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