Pizzeria sued for negligence in fatal collision

John Suayan, Galveston Bureau Aug. 19, 2008, 9:12am

GALVESTON – A Santa Fe man is suing a pizzeria in his town for a two-vehicle accident that injured him and killed his wife.

Jack W. Evans' wrongful death lawsuit alleges Village Pizza & Seafood and employee Robert J. Borders are responsible for the June wreck in which the plaintiffs' motorcycle collided with a pickup truck from the eatery driven by Borders.

The lawsuit was filed on behalf of the late Beth Ann Davis Evans and their children before the 56th District Court on Aug. 11.

According to court documents, Jack W. Evans, 43, and Beth Ann Davis Evans, 44, were traveling southbound toward the intersection of Tower Road and Highway 6 in Santa Fe around 9 p.m. on June 1 when they encountered Borders.

"As they (the plaintiffs) proceeded toward the green light at the intersection, their vehicle was struck suddenly, violently, and without warning, by the vehicle operated by defendant Robert J. Borders," they state.

The suit says that the couple was subsequently taken by medical helicopter to the University of Texas Medical Branch in Galveston, where they underwent emergency procedures.

Physicians were able to save Jack W. Evans but Beth Ann Davis Evans died the next day, court papers say.

"As a direct and proximate result of the negligence of the defendants, Beth Ann Davis Evans suffered physical severe pain, mental anguish, trauma, and permanent disability up to the moment of her death," the suit states.

Though Jack W. Evans escaped death, "he has been hospitalized, has had numerous surgeries, visits with physicians, and physical therapy and has sustained permanent, disabling, disfiguring, and painful injuries and damages…all of which were incurred as a proximate result of the acts and/or omissions of the defendants Village Pizza & Seafood and (Robert J.) Borders," the suit says.

It further stresses the incident disrupted the lives of the Evans family.

"Prior to this occurrence and her tragic death, Beth Ann Davis Evans was a happy young woman, a loving and devoted wife and mother, and she was providing the family not only support, but was giving care, nurture, counsel, advice, education, and affection," the suit explains. "The family, without Beth, will never be the same again."

Beth Ann Davis Evans was a member of the Santa Fe Independent School District school board. She retained her seat in a May election.

Her estate, represented by Houston attorney Joseph D. Jamail, seeks damages including but not limited to loss of consortium, loss of inheritance, and funeral and burial expenses.

The plaintiffs also requested for a jury trial.

Judge Lonnie Cox is presiding over the case.

Case No. 08CV0855

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