Orange County resident files auto collision suit in Jefferson County

David Yates Jun. 28, 2007, 6:55am

Pat McGinnis

One Orange County resident is suing another for a fender bender that occurred in Jefferson County. Donna Michele Hurlburt is suing Donald Joseph Ellis for more than $50,000.

She filed her personal injury suit with the Jefferson County District Court on June 26. Judge Gary Sanderson, 60th Judicial District, will preside over the case.

According to the plaintiff's original petition, on July 25, 2005, Hurlburt was traveling east at the 600 block of Intestate-10 East, with Ellis behind her. Hurlburt slowed down for stopped traffic ahead, and Ellis failed to slow down, striking the back of her vehicle. The impact caused Hurlburt's s vehicle to be pushed forward into the back of another vehicle. Ellis was cited for failure to control speed.

"The collision and injuries resulting there from were not caused by or contributed to by plaintiff nor did the same occur through any fault or negligence on the part of plaintiff, but were caused solely by the acts, wrongs and/or omissions of defendant," the suit said. "On the occasion in question Ellis is guilty of certain acts, wrongs, and/or omissions, each and all amounting to negligence.

The suit says Ellis is negligent for failing to maintain a proper lookout, control his speed, pay proper attention, maintain a proper stopping distance, maintain proper control of the vehicle that he was driving, and failing to timely apply his brakes.

"As a result of the injuries sustained in the accident made the basis of this suit, Hurlburt has incurred necessary hospital and medical expenses and will continue to incur medical expenses in connection with said injuries for an undetermined length of time in the future," the suit said.

"Hurlburt would further show that as a result of the injuries, she has experienced extreme physical pain, suffering, mental anguish and physical impairment; and, in all probability, will be forced to endure physical pain, suffering, mental anguish and physical impairment for an undetermined length of time in the future," the suit added.

She is also suing court costs.

Hurlburt is requesting a trial by jury and is represented by Pat McGinnis, Attorney at Law.

Case No. B179-567

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