GALVESTON - In response to being hit by a motorist after escorting a funeral procession about two years ago, local resident Jamie Benham has filed a lawsuit.

Benham's suit, filed Aug. 19 in Galveston County District Court, targets Galveston resident Jessica Hamel for the alleged two-vehicle collision the morning of Aug. 23, 2011.

According to recent court papers, the plaintiff was operating his police motorcycle following the end of said procession in the inside lane of the southbound feeder of the 3300 block of Interstate 45 just as the accident occurred.

Meanwhile, Hamel was traveling southbound in the outside lane of the same feeder when she "suddenly changed lanes in an unsafe manner" and struck Benham's motorcycle.

The original petition says that purported wreck severely damaged the complainant's vehicle and caused him "severe" pain, suffering and fear.

It faults the defendant for:

  • Failing to keep a proper lookout;

  • Failing to turn her vehicle as to avoid the accident;

  • Operating her vehicle in Benham's lane of traffic and failing to give him his portion of the roadway;

  • Failing to keep her distance;

  • Driving beyond the speed limit; and

  • Failing to apply her brakes.

Consequently, the complainant seeks unspecified monetary damages and a jury trial.

Attorney Emily A. Fisher of Martin, Garza & Fisher L.L.P. in Galveston is representing Benham, and Galveston County 10th District Court Judge Kerry L. Neves is presiding over the litigation.

Case No. 13-CV-1078

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