Southeast Texas Record

Wednesday, February 19, 2020

Sanctions battle erupts in suit over 2012 ‘massive’ I-10 collision

By David Yates | Jun 1, 2016

General court 05

BEAUMONT - A sanctions battle has erupted between a trucking company and one of the defendants it blames for causing a “massive wreck” in 2012 on Interstate 10, court records show.

Poly Trucking filed a lawsuit Sept. 2, 2014 in Jefferson County District Court against Mark William Calvin, The Transportation Firm and Michael Hills Jr.

Calvin has since settled.

Court records show that in the summer of 2015 the parties agreed to halt discovery while mediation took place.

When discovery resumed, the parties began filing motions to compel discovery, which culminated in the defendants filing two motions for sanctions, one in February and the other in mid-May.

On May 27 Poly Trucking filed a response, asserting the defendants “are using frivolous dilatory motions to prevent this case from moving forward and the deposition of Defendant Hills Jr. from taking place.”

In its complaint, Poly Trucking alleges one of its drivers, a man identified as Mr. Ontiveros, was driving east on Interstate Highway 10 in Jefferson County on Nov. 22, 2012, when Calvin and Hills struck his vehicle from behind.

Because of the collision, Poly Trucking was forced to pay Ontiveros for his injuries and incurred repair costs due to the damage caused to the tractor-trailer, according to the complaint.

Poly Trucking blames Calvin and Hills for causing the collision, saying they failed to keep a proper lookout, failed to keep a reasonable speed, failed to stay alert, failed to properly control the vehicle, failed to take proper evasive action, failed to timely apply his brakes and failed to keep a proper distance.

In its complaint, Poly Trucking seeks economic damages, plus pre- and post-judgment interest at the legal rate, costs and other relief the court deems just.

Cade Bernsen and David E. Bernsen of The Bernsen Law Firm in Beaumont represent Poly Trucking.

Jefferson County District Court case number: A196-073

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