TEMPLE, Texas (KXXV) — A Temple resident is taking legal action against the City of Temple — 25 News spoke to him, and he says his car accident was caused by a lack of markings on the roadway.
“I totaled my car — I had to go to the hospital and get left hip surgery because of injuries," Robert Hemphill said.
Hemphill was in an accident on Avenue M and 6th Street last July.
"He cut across causing me to hit curb and flip over," he said.
A diagram from the police report shows where the truck hit Hemphill.
"Due to the roadway condition and markings, officers can not determine who’s at fault," authorities said.
Hemphill sent a photo, and says the road had no markings on it at the time of his crash, so he filed a lawsuit against the city.
"After they found out about my lawsuit, they came out here and painted lines," Hemphill said.
Driving by there now, the roadway has white lines painted on it in that area.
Hemphill’s accident wasn’t the first one — there’s a diagram from an accident in 2020 in the same spot where two cars side-swiped each other causing damage to one of the vehicles.
A judge has ruled Hemphill doesn’t have enough evidence and threw the case out, but he disagrees.
“I’ve got evidence and pictures and an officer saying the roadway was messed up," Hemphill said.
He has since filed a complaint with the State Commission on Judicial Conduct, because he felt the judge was biased and unfair and didn’t allow evidence to be submitted.
Hemphill says he’s working to appeal the judge’s decision.
25 News reached out to the City of Temple, and they shared a statement that reads:
"On April 12, 2024, after hearing arguments of counsel, the 169th District Judge granted the City’s Plea to the Jurisdiction and dismissed Mr. Hemphill’s case with prejudice. In May, Mr. Hemphill’s attorney filed a Motion for Reconsideration, which was heard by the court on June 28, 2024. After listening to arguments of counsel, the District Judge denied the Plaintiff’s (Mr. Hemphill’s) Motion for Reconsideration. The Plaintiff had 30 days from that date to provide Notice of Appeal."
