Pedestrian sues after being struck by Frito-Lay van

John Suayan, Galveston Bureau Jun. 3, 2009, 6:35pm

GALVESTON � A local woman is suing Plano-based Rolling Frito-Lay Sales LP and one of its employees in Galveston County District Court after she was hit by a company vehicle while walking in Houston more than a year ago.

Angela Duran's personal injury lawsuit alleges Rolling Frito-Lay Sales driver Mark Bebar of League City failed to look both ways as he attempted to make his way toward Aldine Bender Road on the city's north side therefore striking the plaintiff.

"(Mark) Bebar had a duty to exercise the degree of care that a reasonably careful person would use to avoid harm to others," the suit says. "The plaintiff's injuries were caused by (Mark) Bebar's negligent, careless, and reckless disregard of said duty."

The suit was filed on May 27.

According to the complaint, on Aug. 22, 2007, Duran was walking westward in the 400 block of Aldine Bender, a one-way street, while Bebar was in the process of exiting a nearby parking lot.

The plaintiff alleges the driver was only concerned with one direction.

"The defendant looked to the east for traffic on the one-way street," the original petition states. "He did not look to his right (west) which is the direction the plaintiff was walking on the sidewalk.

"Upon seeing there is no traffic in the east, the defendant proceeded and hit Angela Duran."

The suit adds Bebar violated the Texas Transportation Code since he "failed to sound his horn or otherwise warn the plaintiff that he was about to enter the roadway in a dangerous manner."

Evoking the writ of respondeat superior, the suit ultimately accuses Rolling Frito-Lay Sales of neglectfully hiring and supervising Bebar.

"Without regard for the danger that (Mark) Bebar was to the public, Rolling Frito-Lay Sales LP knowingly entrusted his vehicle to him and permitted him to operate the vehicle in an unsafe and unsupervised manner," it says.

Duran claims she sustained personal injuries and damages.

Represented by Houston attorneys Galvin Kennedy and Kelly Cook, the plaintiff seeks restitution for pain and suffering, mental anguish, impairment, disfigurement, lost earnings, and soaring medical costs as well as a jury trial.

Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 09CV0806

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