Pedestrian struck on highway sues TxDOT

David Yates Oct. 15, 2007, 11:28am

During the night, Kayla Carpenter darted across a Highway 73 feeder road and was struck by an oncoming motorist. Her left leg had to be amputated.

Blaming the Texas Department of Transportation and the city of Groves for failing to properly light the roadway, Carpenter, an Orange County resident, filed a personal injury lawsuit with the Jefferson County District Court on Oct. 11.

According to the plaintiff's original petition, Carpenter was crossing the feeder on Oct. 31, 2005. She was struck by Derek West, "who did not see her due to the defendants' failing to properly maintain the roadway and its lighting."

The suit does not say why Carpenter was crossing the busy feeder during the night.

She is suing for past and future medical expenses, mental anguish, loss of earning capacity, physical pain, disfigurement and impairment.

Carpenter is demanding a trial by jury and is represented by Provost Umphrey attorney Jane Leger.

Judge Bob Wortham, 58th Judicial District, will preside over the case.

Case No. A180-506

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