Women files lawsuit against driver she struck

Michelle Massey, East Texas Bureau Oct. 25, 2010, 9:12am

An Orange County resident has filed a lawsuit arguing she was not at fault for a 2008 rear-end collision.

Dana Linscomb filed suit against Vernon G. Sawyer and Holmes Company of Jackson on Oct. 7 in Orange County District Court. The defendants removed the case to the Eastern District of Texas, Beaumont Division on Oct. 19.

The motor vehicle accident occurred on Sept. 30, 2008, as Linscomb was traveling southbound on State Highway 62 in Orange County.

According to the lawsuit, defendant Sawyer failed to yield the right of way when he pulled onto the highway from a private drive, causing Linscomb to hit the back side of his truck.

Linscomb states the accident caused injuries to her wrist and ankle.

The defendant is accused of negligence for failing to keep a proper lookout, failing to timely apply brakes and failing to yield the right of way.

The plaintiff is seeking damages for medical bills and expenses, mental anguish, physical pain and suffering, disability, loss of enjoyment of life, loss of earning capacity, physical impairment, interest, property damage, court costs and interest.

Linscomb is represented by Beaumont attorneys Clay Dugas and Mike Jacobellis.

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 1:10-cv-00650

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