Woman injured in collision sues driver, insurance company

Kelly Holleran Apr. 28, 2010, 3:40pm

A 31-year-old Brazoria County woman claims she sustained physical pain and mental anguish after a driver struck the car in which she rode.

Amber Sutton filed a lawsuit April 19 in Jefferson County District Court against Clayton Clark, doing business as All American Sand and Progressive County Mutual Insurance Company.

Sutton claims she sustained injuries in a car collision in Beaumont between her vehicle and Clark's on Aug. 30, 2008.

At the time of the collision, the owner of the vehicle in which Sutton rode had an insurance policy through Progressive County Mutual Insurance Co. which should have covered underinsured motorists, such as Clark, the suit states.

Now, Sutton claims Progressive should pay for the physical pain, mental anguish, medical costs, scarring, disfigurement and physical impairment she sustained as a result of the collision.

Along with Progressive, Sutton names Clark as a defendant in her suit, saying he failed to keep a proper lookout, drove too fast, failed to timely apply his brakes, failed to turn his vehicle, failed to yield the right-of-way and failed to safely back his vehicle.

In her complaint, Sutton seeks actual damages, plus costs, pre- and post-judgment interest and other relief to which she may be entitled.

Paul H. Cannon of Simmons and Fletcher in Houston will be representing Sutton.

Jefferson County District Court case number: D186-595.

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