Borden Milk Products has been dismissed from litigation brought by Mell Williams Jr., who sued the company after an allegedly intoxicated milk truck driver changed lanes and struck his vehicle.
As previously reported, Williams filed a lawsuit May 27, 2010, in Jefferson County District Court against Milk Products LLC, doing business as Borden Milk Products, and Thomas W. Monasco.
In his suit, Williams claims he drove in Jefferson County on Oct. 31, 2008, when a 2004 Freightliner operated by Monasco and owned by Borden suddenly switched lanes and collided with Williams' vehicle.
Court records show that on Dec. 27 Williams filed a motion to dismiss Borden with prejudice, stating that he no longer wishes to pursue hi claim.
Two weeks later, Judge Bob Wortham, 58th District Court, granted the motion on Jan. 9.
Court records also show that on April 11, 2011, an agreed scheduling order was filed in the case, setting the case for trial sometime in the month of February 2012 unless the suit was mediated.
In his suit, Williams blamed Monasco for drove too fast and drove while intoxicated.
He also claimed Borden negligently lent its vehicle to Monasco despite its knowledge that he is an incompetent driver, the suit states.
Williams was suing for his incurred medical costs and experienced physical pain, suffering, mental anguish, physical impairment and disfigurement, according to the complaint.
B. Adam Terrell of Weller, Green, Toups and Terrell in Beaumont, Geo. Michael Jamail of The Reaud Law Firm in Beaumont, Kent W. Johns of Johns and Johns in Beaumont and Jamail and Kolius of Houston represents him.
Houston attorney Amy Taylor of the Kane Russell Coleman & Logan law firm represented Borden.
Case No. A186-959