Shopper sues Modica employee over ATV rollover

Kelly Holleran Mar. 16, 2010, 9:00am

A Hardin County man claims he was injured when an all terrain vehicle was flipped by a Modica Brothers employee.

Zachary Johnson filed a lawsuit March 5 in Jefferson County District Court against Modica Brothers.

Johnson claims he entered the store as a customer on March 24, 2008, when an employee offered to take him on a ride on a Polaris ATV.

"The employee started driving recklessly in the parking lot when the ATV flipped causing injuries to the Plaintiff," the suit alleges.

Because of the accident, Johnson claims he sustained mental anguish, physical impairment and disfigurement; incurred medical costs; and lost wages, according to the complaint. In addition, he lost his earning capacity, the complaint says.

He alleges premises liability, negligence, vicarious liability and negligent entrustment of a motor vehicle against Modica.

In his complaint, Johnson seeks an unspecified judgment, plus pre- and post-judgment interest, costs and other relief to which he may be entitled.

Ryan Douglas White and Jason L. Cansler of Brent Coon and Associates in Beaumont will be representing him.

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

Jefferson County District Court case number: E186-203.

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