Jury finds woman 50% negligent in causing collision, awards her no damages

Although it took two trials, Poly Trucking won a favorable verdict in an automobile collision case, which ended with jurors finding the plaintiff 50 percent negligent and not deserving of any damages.

According to a lawsuit filed in February 2011, Kim Anderson claims she was driving west on Liberty Avenue in Beaumont on Nov. 3, 2010, when defendant Billy Joe Reynolds, who was driving for Poly Trucking, suddenly turned when it was not safe to do so and ran into Anderson’s vehicle.

The case original went to trial in late November but ended in a mistrial. Jury selection for the retrial began Jan. 2.

According to the court’s charge to the jury filed Jan. 30, jurors found both Anderson and Reynolds/Poly Trucking 50 percent negligent in causing the collision.

Anderson was awarded no damages for her claims of mental anguish, impairment, medical expenses, lost earnings, property damage or repair costs.

During the trial, she attempted to convince jurors that Reynolds negligently failed to maintain a proper lookout, failed to timely apply his brakes and turned when it was not safe to do so.

Poly Trucking is named as a defendant because Anderson claims it was guilty of negligent entrustment.

James E. Payne, Jennifer Job Seale and Ronnie Turner Jr. of Provost Umphrey Law Firm in Beaumont represent Anderson.

Beaumont attorney Cade Bernsen represents the defendants.

Judge Bob Wortham, 58th District Court, is presiding over the case.

Case No. A189-348