Suit blames crash on drunken milk truck driver

Kelly Holleran Jun. 8, 2010, 10:53am

A man claims he incurred substantial medical costs after an allegedly intoxicated driver in a milk truck suddenly changed lanes, striking his vehicle.

Mell Williams Jr. filed a lawsuit May 27 in Jefferson County District Court against Milk Products, doing business as Borden Milk Products, and Thomas W. Monasco.

Williams claims he drove in Jefferson County on Oct. 31, 2008, when a 2004 Freightliner operated by Monasco and owned by Borden suddenly switched lanes and collided with Williams' vehicle.

Because of the collision, Williams incurred medical costs and experienced physical pain, suffering, mental anguish, physical impairment and disfigurement, according to the complaint.

He blames Monasco for causing the collision, saying Monasco negligently failed to keep a proper lookout, failed to apply his brakes to avoid a collision, drove too fast, failed to exercise the same degree of ordinary care another person would have in a similar situation, failed to turn his vehicle to avoid the collision, failed to maintain a clear distance between his vehicle and Williams', failed to change lanes only when it was safe to do so, drove too fast and drove while intoxicated.

In addition, Borden negligently lent its vehicle to Monasco despite its knowledge that he is an incompetent driver, the suit states.

In his complaint, Williams seeks a judgment within the jurisdictional limits of Jefferson County District Court, plus exemplary damages, pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and other relief to which he may be entitled.

B. Adam Terrell of Weller, Green, Toups and Terrell in Beaumont, Geo. Michael Jamail of The Reaud Law Firm in Beaumont, Kent W. Johns of Johns and Johns in Beaumont and Jamail and Kolius of Houston will be representing him.

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

Jefferson County District Court case number: A186-959.

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