A local police officer has been dismissed from litigation brought by Russell Brister, who sued the officer and city of Beaumont following an automobile collision.
As previously reported, the suit was filed July 29 in Jefferson County District Court and also named John Brown as a defendant.
On Sept. 9 Brown filed a motion to dismiss, arguing that he should have been sued in his official capacity as police officer for the city and not named individually as a defendant, court records show.
Judge Milton Shuffield, 136th District Court, agreed, granting the motion for dismissal following a Monday morning hearing.
According to the lawsuit, on March 19, 2012, Brister was traveling west in the inside lane of College Street when Brown, who was allegedly checking his computer for calls, struck him.
The suit accuses Brown of negligently failing to keep a proper lookout.
Brister is suing for his alleged past and future medical expenses, mental anguish, pain and lost wages.
Edinburg attorney Kent Livesay represents him.
First Assistant City Attorney Quentin Price represents Brown.
Case No. D194-574