Lawsuit filed after rear end collision on Eastex service road

Michelle Massey Jul. 28, 2010, 8:34am

Regina and Phillip Salter filed suit against Clear Channel Communications and Kevin Donald Born after Born allegedly failed to stop at a red light and rear-ended the Salters' vehicle.

The lawsuit was filed on July 23 in Jefferson County District Court.

According to the complant, the accident occurred on Sept. 4, 2009, as the Salter vehicle was stopped on the northbound Eastex Freeway service road waiting for a red light to change at the Lucas Street intersection.

Born, an employee of Clear Channel Communications, slammed into the rear of her vehicle, the suit states.

Born is accused of negligence for being inattentive to traffic, for driving his vehicle in a reckless and unsafe manner and for excessive speeding.

He is also accused of failing to maintain proper control of the vehicle, not stopping for stopped traffic, not respecting the red stoplight traffic signal, not keeping a proper lookout, failing to properly apply the brakes or control the accelerator, failing to maneuver to avoid collision, failing to maintain a safe distance between another vehicle and failing to sound his horn.

They are seeking damages for medical expenses, loss of earnings and earning capacity, physical incapacity, physical pain, mental anguish, physical impairment, loss of enjoyment of life, disfigurement, loss of household services, spousal consortium, interest and court costs.

Arguing the defendants are guilty of malice and gross negligence, the plaintiffs are also seeking exemplary damages.

The Salters are represented by Beaumont attorney Dana Timaeus of Timaeus & Rose.

Judge Donald J. Floyd, 172nd District Court, is assigned to the case.

Case No. E187-366

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