Men hurt in crash file lawsuit against city, claim police officer talking on cellphone

June 1, 2012 at 1:01 a.m.

Two Brazoria County residents are seeking damages after being rear-ended by a city of Victoria police officer who was on his cellphone at the time of the collision.

Tomas Rodriguez and Alejandro Rodriguez filed the lawsuit in March in district court against the city of Victoria.

The Rodriguezes claim the negligence of Ryan Hale, a Victoria police officer, caused the collision.

The city of Victoria filed a response in April denying the claims made against them.

In December, the Rodriguezes were rear-ended by Hale while at a stop sign on Loop 463.

The plaintiffs claim Hale negligently failed to keep a proper lookout; failed to maintain control of his vehicle; failed to operate the vehicle in a reasonable manner; exhibiting driver inattention and talking on a cellular device while driving.

The Rodriguezes are seeking compensation for past, present and future physical pain, mental anguish and loss of earnings.

Their Houston-based attorney, Paul Higdon, could not be reached for comment.

Messages left for the City of Victoria's Legal Department and the attorney handling the case for the city, Kevin Cullen, seeking comment were not returned.



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