Suit claims driver failed to yield on Major Drive

Kelly Holleran May 6, 2010, 3:24am

Four Jefferson County residents have filed suit against the driver they claim failed to yield at a sign and collided with them as they were traveling at 60 miles per hour.

Alan King, Chris Patureau, Lauren Cain and Katelynn Sparks claim King was driving a 2010 Ford F-150 crew cab pickup truck south on Major Drive in Jefferson County on Dec. 19 when defendant Islan Flugence, who was driving east on Humble Road at its intersection with Major Drive, failed to yield the right-of-way to King.

King had no time to stop because he was traveling in a 60-mile-per-hour zone, according to the complaint filed April 27 in Jefferson County District Court.

"The collision was so violent that Mr. King and Ms. Sparks were transported to the hospital by ambulance where they were treated and released," the suit states. "Mr. Cain received medical care at the same hospital. As a result of the accident, on several occasions, Mr. King's feet and toes have gone numb. Mr. King's vehicle was a total loss."

In addition, the plaintiffs suffered physical pain and mental anguish, incurred medical costs, endured physical impairment and disability and suffered a loss of their enjoyment for life, the complaint says.

They blame Islan Flugence for causing the collision, saying he failed to yield to a car with the right-of-way, failed to keep a proper lookout, failed to keep proper control of the vehicle he was operating, failed to properly apply his brakes, drove too fast for the conditions, acted in a careless and negligent manner and failed to keep his vehicle under control.

At the time of the accident, Islan Flugence was driving a vehicle Edna Flugence had lent to him. However, Edna should never have lent him the vehicle because she knew him to be an incompetent and reckless driver, according to the complaint.

The plaintiffs are seeking a sum within the jurisdictional limits of Jefferson County District Court, plus pre- and post-judgment interest at the highest rate allowed by law, costs and other relief the court deems just.

Michael Y. McCormick and Jon L. McNeely of McCormick and Hancock in Houston will be representing them.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Jefferson County District Court case number: A186-724.

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