Remaining defendants settle auto collision case

Following more than two years of litigation, a suit’s remaining defendants have settled an automobile collision case that was set to go to trial on Monday.

As previously reported, Megan Broussard filed suit against Hillary Fowler, Kim Fowler, Wade Fowler and State Farm Mutual Automobile Insurance Co. on July 21, 2010, in Jefferson County District Court, alleging the Texarkana family allegedly caused the collision by failing to yield the right of way at an intersection.

Court records show that State Farm was non-suited by the plaintiff on Aug. 8, 2011.

A courthouse official told the Southeast Texas Record a trial was set for Nov. 13 for the remaining defendants but the case settled.

In her suit, Broussard states the accident occurred on Aug. 5, 2008, when Hillary Fowler failed to yield the right of way at an intersection and hit plaintiff’s vehicle. The plaintiff suffered a severe head injury and other injuries.

Fowler was accused of negligence for failing to keep a lookout as a person of ordinary prudence would have kept under similar circumstances and for failing to stop, yield, or grant immediate use of the intersection to a vehicle.

At the time of the accident, Broussard was in her father’s vehicle. Her father had purchased the underinsured motorist policy on the vehicle.

Broussard was seeking damages for medical expenses, loss of earnings and earning capacity, physical impairment, physical pain, mental anguish, disfigurement, loss of benefits, interest and court costs.

She is represented by Beaumont attorney Jonathan C. Juhan.

Judge Donald J. Floyd, 172nd District Court, is assigned to the case.

Case No. E187-349