Man parked on highway shoulder sues driver who struck him

Kelly Holleran Aug. 11, 2010, 10:53am

A man has filed suit against the driver who he claims struck the rear of his vehicle while he was parked on the side of the interstate.

Darren Donovan claims he had parked his vehicle on the westbound shoulder of Interstate 10 near Wallisville on May 6 when defendant Brandon Scott Wales veered off the interstate and struck the rear of his vehicle.

Because of the collision, Donovan sustained severe injuries; endured physical pain and mental anguish; and sustained physical impairment, discomfort and distress, according to the complaint filed Aug. 3 in Jefferson County District Court.

In addition, he suffered a loss of earnings and incurred property damages, the suit states.

Wales negligently failed to control his speed, failed to keep his vehicle in a lane of traffic, failed to bring his vehicle to a stop, failed to control his vehicle, failed to safely operate his vehicle, made an unsafe lane change and took faulty evasive action, the complaint says.

In his suit, Donovan is seeking compensatory, actual, consequential and exemplary damages, plus pre- and post-judgment interest, costs and other relief the court deems just.

Jason A. Itkin and Robert P. Wayne of Arnold and Itkin in Houston will be representing him.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E187-468.

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