Woman sues insurer after collision

Kelly Holleran Sep. 7, 2010, 7:35am

A woman has filed suit against her insurance company, alleging it did not pay her for damages she incurred during a collision with an under insured driver.

Celia Morales claims she was riding in a vehicle driven by Pablo Morales south on Memorial Boulevard in Port Arthur in the left lane on Sept. 11, 2008. The suit states Nichole M. Powell, who was also driving on the same road but in the right lane, attempted to make a left turn.

Instead, Powell struck the vehicle in which Morales was riding, causing Morales injury to her neck, shoulders and back, according to the complaint filed Aug. 19 in Jefferson County District Court.

In addition to her injuries, Morales incurred hospital and medical costs and experienced extreme physical pain, suffering and mental anguish, the suit states.

Morales says the accident is Powell's fault because Powell negligently failed to keep a proper lookout, failed to drive in a safe manner, made a left turn from an improper lane and failed to look to her left before making the turn.

In addition, Powell failed to apply her brakes and failed to turn to the right to avoid a collision, the complaint says.

At the time of the collision, Morales had protection through her insurance company, defendant Farmers Texas County Mutual Insurance Co., that was supposed to protect her if she got into an accident with an under insured driver, she claims.

However, when Morales attempted to make a claim to recover damages from the collision wit Powell, Farmers refused to respond to her claim, according to Morales' complaint.

In her suit, Morales is seeking an unspecified judgment, plus pre- and post-judgment interest at the legal rate, attorney's fees, costs and other relief the court deems just.

Brandon P. Monk of The Monk Law Firm in Port Arthur will be representing her.

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

Jefferson County District Court case number: D187-714.

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