Passenger to take nothing from Alvin motorist who rear-ended him, judge rules

GALVESTON - A Hitchcock man's lawsuit over an October 2012 auto accident in Santa Fe was disposed earlier this month.

Galveston County 122nd District Court Judge John Ellisor signed an order for an agreed take nothing judgment on Aug. 6.

The order rules that Bobby Smith recovers nothing from Alvin resident Charles Ray Phillips III, effectively ending the roughly six-month-old legal battle.

Smith claimed in the suit filed last Feb. 7 he was a passenger in a vehicle which was hit by that of Phillips near Highway 6 and FM 1764 on Oct. 4, 2012.

According to the plaintiff, Phillips rear-ended him and his driver, who was not a party in the case, as they waited for a school bus that was dropping children off.

Court papers insisted the wreck inflicted injuries to Smith's neck, hip and back as well as caused him to suffer memory loss.

Phillips refuted the suit in April.

Judge Ellisor was scheduled to hear arguments from both sides in a jury trial in early December.

Attorney Robert D. Miller of Pearland represented the defendant.

Case No. 13-CV-189