Mom, kids seek loss of consortium from auto wreck

David Yates Nov. 23, 2009, 8:20am


While driving her children Logan and Caleb, Tammy McIntosh was injured when their vehicle was in a collision. The Lumberton residents have now filed a suit against the driver that hit them.

Because Logan McIntosh and Caleb McIntosh are minors, Tammy McIntosh is filing the suit individually and on behalf the children. The suit against driver Steven Henley was filed on Nov. 19 in Jefferson County District Court.

According to the suit, on Dec. 15, 2007, Tammy McIntosh and her children were crossing Highway 96 in Lumberton when "Henley disregarded the red light in his lane of traffic, entered the roadway and slammed into the plaintiffs."

Tammy McIntosh claims she injured her left shoulder, right wrist and left knee in the collision.

Logan McIntosh claims he suffered abrasions and injury to his forehead and left arm. Caleb McIntosh has suffered anxiety and soreness, the suit claims.

Tammy McIntosh is seeking to recover medical expenses, loss of earning capacity, physical impairment, physical pain, mental anguish and property damage.

The children are suing for diminished earning capacity in the future, physical impairment, mental anguish, physical pain and loss of past and future parental consortium.

In addition, Tammy McIntosh is asking for loss of the services of her minor children until they reach maturity, contributions she would have received from them.

Attorney Jonathan Juhan is representing the plaintiffs.

Judge Donald Floyd, 172nd Judicial District, has been assigned to the case.

Case No. E185-365

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