Woman sues sleeping driver over collision

Kelly Holleran Mar. 23, 2010, 6:13am

A Beaumont woman claims she sustained physical pain and mental anguish after a driver allegedly fell asleep behind the wheel and struck her.

Liz Grim filed a lawsuit March 10 in Jefferson County District Court against Charles and Mary Kirkpatrick.

Grim claims she sustained severe injuries after a vehicle driven by Charles Kirkpatrick and owned by Mary Kirkpatrick struck her vehicle on June 21.

Because of the collision, Grim sustained physical impairment, lost earnings and her earning capacity and incurred medical costs, according to the complaint.

Grim blames Charles Kirkpatrick for failing to maintain control of his vehicle, for failing to timely apply his brakes, for driving too fast, for failing to properly steer his vehicle to avoid a collision, for failing to remain in his lane of travel and for failing to cease driving when he knew his senses were impaired. In addition, Charles Kirkpatrick negligently fell asleep while driving, the suit states.

Grim names Mary Kirkpatrick as a defendant because she says Mary Kirkpatrick negligently lent her vehicle to a man she knew to be a reckless and incompetent driver.

Grim seeks a judgment in excess of the minimum jurisdictional limits of Jefferson County District Court, plus pre- and post-judgment interest, costs and other relief to which she may be entitled.

Karen L. Spivey of Pate and Spivey in Beaumont will be representing her.

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

Jefferson County District Court case number: D186-222.

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