Woman sues allegedly drunk driver who caused wreck

Kelly Holleran Jun. 15, 2010, 7:54am

A Beaumont woman has filed suit against the driver who she believes to have been intoxicated when he struck the rear of her vehicle.

Kayla Ebach claims she was leaving the parking lot of the Waffle House located on Highway 105 in Beaumont on April 2 when the incident occurred.

As Ebach sat stopped in the parking lot waiting for traffic on the highway to clear, defendant Elliott Dirk Williams crossed the parking lot of Valero, located adjacent to the Waffle House, and drove into Waffle House's parking lot in an attempt to access Highway 105, according to the complaint filed June 4 in Jefferson County District Court. As Williams approached Ebach's vehicle, he glanced away and struck the rear of her vehicle, the suit states.

"Mr. Williams stayed in his truck and would not exit for a while," the complaint says. "When he finally got out of his vehicle, he insisted the police not be called and that there was no damage to either vehicle. Mr. Williams made several attempts to leave the scene. Plaintiff's Father drove up behind Defendant's vehicle and began talking to him in an attempt to obtain insurance information, but was unsuccessful."

Because of Williams' behavior, Eboch claims she believes Williams was on drugs or under the influence of alcohol at the time of the collision.

According to the complaint, Eboch incurred medical costs, experienced physical pain and suffering, lost earnings and her earning capacity, incurred property damages and suffered mental anguish because of the collision.

Williams negligently failed to keep a proper lookout, failed to stop his motor vehicle to avoid a collision and was inattentive and failed to take responsibility for his actions.

In her complaint, Eboch is seeking damages within the jurisdictional limits of Jefferson County District Court, plus pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and other relief to which she may be entitled.

E. Hart Green of Weller, Green, Toups and Terrell in Beaumont will be representing her.

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

Jefferson County District Court case number: D187-016.

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