Orange County man sues Allstate over auto collision claim

Kelly Holleran Feb. 4, 2009, 3:19am

An Orange County man has filed suit against Allstate Insurance Company, alleging he was not paid damages to which he was entitled after an accident.

Walter Smith was driving south on the 6100 block of Eastex Freeway in Beaumont on Feb. 15, 2007, when the incident occurred, according to the complaint filed Jan. 26 in Jefferson County District Court.

Smith had to slow down for traffic in front of him that was also slowing down when Walter Shilo Jr. failed to control his speed and hit a vehicle in front of him, the suit states.

That vehicle rear-ended Smith's car, he claims.

Because of the collision, Smith suffered back, right leg and body injuries, according to the complaint.

He also suffered extreme physical pain and suffering, mental anguish, physical impairment, loss of enjoyment of life and loss of earning capacity and has incurred medical expenses, the suit states.

At the time of the accident, Smith had insurance with Allstate.

He claims Shilo was negligent by failing to apply his brakes, by failing to maintain a proper lookout, by failing to drive in a safe manner, by failing to maintain control of his vehicle, by failing to take evasive action and by failing to control his speed, Smith claims.

Smith is seeking unspecified damages, plus interest at the legal rate, costs and other relief to which he is entitled.

He is represented by Travis McCall of McCall and Devenzio in Beaumont.

The case has been assigned to Judge Bob Wortham of 58th District Court.

Case No. A183-120

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