Insurer wants reimbursement for injury claim

Kelly Holleran Oct. 25, 2010, 9:23am

An insurance company wants to be repaid the money it spent on a man who ended up with injuries after a driver side-swiped his vehicle, forcing him off the road and into a parking lot.

Argonaut Insurance Co. filed a lawsuit Oct. 20 in Jefferson County District Court against Jonathan Bailey and M&P Properties.

Argonaut alleges it paid Mark Howarth for injuries he sustained while driving south on State Highway 347 on July 7, 2009.

As Howarth drove, defendant Jonathan A. Bailey, who drove a Ford F350 pickup truck towing a flatbed trailer owned by defendant M&P Properties, attempted to make a lane change and struck Howarth's vehicle, according to the complaint.

"As a result, Mark Howarth was forced from the road and through a parking lot which caused his vehicle to cross over concrete barriers," the suit states.

Because of the accident, Howarth suffered an aggravation to his pre-existing neck condition and other spine injuries, the complaint says.

At the time of the collision, Howarth worked for Alarmtechs, and Argonaut paid workers' compensation benefits to Howarth for his injuries, it claims.

It blames Bailey for causing the collision, saying he negligently failed to keep a proper lookout, failed to control his vehicle, failed to drive in a safe manner and drove inattentively.

In its complaint, Argonaut seeks an unspecified judgment, plus interest at the legal rate, costs and other relief the court deems just.

John H. Hughes of Allen and Gooch in Lafayette, La., will be representing it.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Jefferson County District Court case number: A188-633

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