Men blame auto collision on sleeping driver

Kelly Holleran Jul. 9, 2009, 3:43am

Two Harris County men have filed a lawsuit against a Texas corporation and one of its employees, alleging the employee drove a truck into the rear of their vehicle after he fell asleep behind the wheel.

Victoriano V. Varelas and Bartolo Santos claim that on Nov. 6, 2007, Varelas was driving in the 2300 block of Texas Highway 73 with Santos as his passenger.

Brandon L. Dover, who was driving a truck for WB&B Enterprises, was driving behind them when he allegedly fell asleep.

According to the complaint filed July 6 in Jefferson County District Court, Dover failed to control his speed and crashed into the back of the vehicle in which the men were riding.

As a result of the accident, Varelas and Santos claim they suffered physical pain, mental anguish, physical disfigurement and physical impairment as well as incurred medical costs, the suit states. They also lost their earning capacity, lost household services and lost wages, the complaint says. The men claim all of their damages will continue into the future.

In addition, Santos incurred property damages, loss of use and incurred costs of repair, according to the complaint.

Dover failed to keep a proper lookout, failed to apply his brakes, drove too fast for road conditions, failed to maintain a reasonable distance between him and the car in front of him, fell asleep and failed to control his speed, the suit states.

WB&B is liable through the doctrine of respondeat superior, the complaint says.

Varelas and Santos are seeking unspecified damages, plus pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and other relief to which they may be entitled.

They will be represented by James M. Lassiter III and Timothy M. McHale of the Lassiter Law Firm in Houston.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Jefferson County District Court case number: B184-447.

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