Woman's suit blames six defendants for auto collision

Kelly Holleran Jun. 22, 2009, 4:11am


A woman is suing two companies and four individuals over alleged injuries she received in an interstate accident.

Donna Ward filed her complaint June 16 in Jefferson County District Court against Eclipse Trucking, Zarsky Lumbar Company Inc., Alejandro Villegas, Revilino Gonzales, Rosalba Gonzales and Melissa Daniels Stapleton, as representative of the estate of Peter Stapleton.

Ward says she was driving east on Interstate 10 near Vidor on March 22 when Villegas, who was driving quickly, made an unsafe lane change and took faulty evasive action, causing him to collide with Ward.

Peter Stapleton was also involved in the collision, according to the complaint.

"Defendant Peter Stapleton further caused and contributed to the collision by making an unsafe lane change," the suit states.

At the time of the collision, Villegas was working for Eclipse Trucking, Zarsky Lumbar and Rivelino and Rosalba Gonzales, the complaint says.

Because of the collision, Ward sustained injuries to her head, back, neck, shoulder, knee and other parts of her body, the complaint says. Ward claims the injuries caused her severe pain, physical impairment, discomfort, mental anguish and distress, which will likely continue into the future.

She also lost wages and incurred medical costs and property damage, according to the complaint.

Eclipse Trucking, Zarsky Lumbar and Rivelino and Rosalba Gonzales failed to train or supervise their employees and negligently hired their employees, the complaint says.

Villega failed safely operate the vehicle, failed to control his speed, made an unsafe lane change, took faulty evasive action, failed to keep a proper lookout and failed to keep a safe distance, the suit states.

Ward says Peter Stapleton "could have done a slightly better job" of preventing her injuries.

Ward is seeking compensatory, actual, consequential and exemplary damages, plus pre- and post-judgment interest, costs, expert witness fees and other relief the court deems just.

Jason A. Itkin and Michael S. Tilton of Arnold and Itkin in Houston will be representing her.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Jefferson County District Court case number: D184-302.

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