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Saturday, December 7, 2019

Continuance granted in suit alleging woman distracted by cell phone caused collision

By David Yates | Dec 12, 2013

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An automobile collision suit alleging the defendant driver was distracted by her cell phone has been continued.

While in the employment of A-1 Maida Fence Co., Sheri McKinley dropped her cell phone on the floorboard of her car, the suit states. As she searched for the device, McKinley swerved and stuck Arien Jones’ vehicle, according to a lawsuit filed Dec. 31, 2012, in Jefferson County District Court.

As previously reported, Jones filed the suit against McKinley and the owner of A-1 Fence, Chris Maida III.

Court records show that on Sept. 13 a scheduling order was entered in the case, placing the litigation on the trial court’s February 2014 docket.

However, on Nov. 26 the defendants filed a joint motion for continuance, stating they needed more time to obtain and look over the plaintiff’s medical records.

Judge Gary Sanderson, 6oth District Court, granted the motion on Dec. 4, resetting the case for trial on June 16.

According to the lawsuit, on Aug. 16, 2012, Jones was traveling with her children southbound on Highway 69 in Hardin County. She had stopped near the intersection at Highway 418 when McKinley, who was distracted looking for her dropped cell phone, swerved into the side of Jones’ vehicle, the suit alleges.

The suit also claims McKinley negligently failed to keep a proper lookout and keep a proper lane.

Jones is suing for her alleged past and future medical expenses, mental anguish, pain, impairment and lost wages.

Beaumont attorney Clay Dugas represents her.

Case No. B193-773

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