Woman struck by Coke truck sues company, driver

Kelly Holleran Apr. 19, 2010, 5:24am

A Hardin County woman has filed suit against Coca-Cola and one of its employees who she claims struck her vehicle as she was parked on the freeway.

Devan Ambrose claims she was lawfully parked on the shoulder of the Eastex Freeway in Beaumont on Aug. 22, 2008, when defendant Curtis L. Thomas, who was driving a vehicle for Coca-Cola, collided with her. At the time of the accident, co-plaintiffs Andrew and Landon Ambrose were riding in the vehicle with Devan Ambrose, according to the complaint filed April 12 in Jefferson County District Court.

Because of the collision, the plaintiffs say they have incurred medical costs, experienced physical pain and suffering, sustained mental anguish, lost earnings, sustained physical impairment and incurred property damages.

According to the complaint, Thomas negligently failed to keep a proper lookout, failed to maintain control of his vehicle, drove too fast, failed to apply his brakes, failed to exercise ordinary care, failed to turn his vehicle to avoid a collision, failed to maintain a clear distance between his vehicle and the Ambroses', failed to drive within a single lane and failed to change lanes only when it was safe to do so.

Coca-Cola also negligently lent the vehicle to Thomas, who they should have known to be a reckless and incompetent driver, the suit states.

The Ambroses are seeking a judgment in excess of the minimum jurisdicitional limits of the Jefferson County District Court, plus costs, pre- and post-judgment interest and other relief the court deems just.

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

Jefferson County District Court case number: E186-532.

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