BEAUMONT — 2019 is starting to look a lot like 2018 for The Ferguson Law Firm when it comes to litigating cases at the Jefferson County courthouse, as the Beaumont firm recently secured a $4 million settlement in an automobile collision lawsuit.
In March 2016, Tavia Wagner and her husband, Carl, filed suit against Bobby Vance, Emkay Inc. Trust and CBRE, Inc. (also known as CB Richard Ellis), seeking more than $1 million in damages.
According to the lawsuit, on Sept. 24, 2015, Tavia was traveling west on Roundbunch Road in Orange County. She had slowed and signaled to make a left turn when she was struck from behind by Vance, who was in the employment of CBRE at the time and operating a vehicle owned by Emkay.
Tavia, a Bridge City resident, suffered neck injuries, a closed head injury and developed tremor or seizure-like activity following the crash.
The suit accused Vance of negligently failing to keep a proper lookout and also accused Emkay and CBRE of negligent entrustment and hiring.
The Wagners asserted the defendants’ negligence constituted gross negligence, or malice, entitling them to punitive damages.
The case was set for trial on Jan. 14 but had settled beforehand, according to a courthouse official.
Court records show a $4 million settlement was reached with the defendants five days earlier.
Court records further show that three weeks before the settlement, Emkay and CBRE had filed a motion for partial summary judgment on Dec. 21, asserting there was no evidence to support a gross negligence claim or the legal theories of negligent entrustment and hiring.
The parties had also locked horns over deposition excerpts that the defendants sought to present at trial.
Managing partner Paul ‘Chip’ Ferguson, Jr. and associate Tim Ferguson represented the Wagners.
The defendants are represented by David Oubre and David Deiss, attorneys for the Houston law firm Lewis Brisbois Bisgaard & Smith.
Judge Justin Sanderson, 60th District Court, presided over the case.
Jefferson County District Court Case number B-198245