Woman sues for underinsured motorist collision

Kelly Holleran Mar. 11, 2010, 1:55am

A woman alleges her insurance company wrongly refused to pay her claim for injuries she allegedly incurred after an underinsured motorist struck her.

Patria Nasser filed a lawsuit March 3 in Jefferson County District Court against Farmers Texas County Mutual Insurance Co.

Patria Nasser claims she was involved in an automobile collision with Jonathan Baldwin on July 20, 2007.

"Specifically, Plaintiff's husband, Dr. Mariano Nasser, was stopped at a red light on FM 365 at US 90 facing northbound in Port Arthur, Jefferson County, Texas," the suit states. "Plaintiff, Patria Nasser, was a passenger in that vehicle. The said Jonathan Baldwin was behind Plaintiff's vehicle, towing a flat-bed trailer. After the light turned green, Plaintiff' vehicle entered the intersection and had to wait for oncoming traffic before turning left onto US 90 westbound. The said Jonathan Baldwin, failing to control his speed, suddenly and unexpectedly struck Plaintiff's vehicle from behind, causing injury to such Plaintiff's left shoulder, left hip, lower back, and body generally."

Because of the collision Patria Nasser sustained severe injuries; incurred medical costs; and experienced physical pain, suffering and mental anguish, the complaint says.

Patria Nasser blames Baldwin for causing the collision, saying he failed to keep a proper lookout, failed to control his speed, failed to drive in a safe manner and failed to apply his brakes.

Because Baldwin, an underinsured motorist, allegedly caused the accident, Patria Nasser attempted to file a claim with Farmers under her personal injury protection and underinsured motorist benefits policy. However, Farmers refused to respond to her claim, according to the complaint.

In her complaint Patria Nasser seeks an unspecified judgment, plus pre- and post-judgment interest, attorney's fees, costs and other relief the court deems just.

Brandon P. Monk of The Monk Law Firm in Port Arthur will be representing her.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E186-157.

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