Galveston Co. men file accident lawsuit

By Kelly Holleran | Nov 6, 2014

Two Galveston County men say they sustained injuries when a driver allegedly failed to yield the right-of-way to them.

Wayne Phillips and Gene Miller filed a lawsuit Sept. 22 in Galveston County District Court against Allen Kelly Scarborough.

In their complaint, the plaintiffs allege Phillips was driving his red 1999 Honda CRV south on the 2900 block of state Highway 3 in League City on Nov. 21, 2012, when Scarborough, who was driving a gray 2002 Chevrolet S-10, failed to yield the right-of-way and struck the CRV.

Because of the collision, the plaintiffs incurred medical costs, lost wages, experienced physical pain and suffering and endured mental anguish, according to the complaint. They also suffered physical impairment, experienced physical disfigurement and incurred property damages, the suit states.

They blame Scarborough for causing the collision, saying he negligently failed to yield the right-of-way, failed to control his speed, failed to keep a clear distance between his vehicle and the plaintiffs', drove too fast, failed to take proper evasive action and failed to timely apply his brakes, among other negligent actions.

In their complaint, the plaintiffs seek actual and exemplary damages, plus costs, pre- and post-judgment interest at the highest legal rate and other relief the court deems just.

Attorneys Robert S. Kwok, William W. Hoke, Christine Vinh Weems and Alex P. Boylhart of Kwok Daniel in Houston will represent the defendants.

Galveston County District Court case number: 14-CV-995

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