Car struck in traffic sues other driver

Kelly Holleran Nov. 29, 2010, 10:00am

A Hardin County man has filed suit against the driver he claims struck his vehicle and pushed it into the side of another vehicle.

Perry W. Malone Sr. claims on Nov. 18, 2008, he was stopped in northbound traffic in the 4300 block of EastTex Freeway in Beaumont when his car was struck by defendant Jason Bennett's vehicle. At the time, Bennett was driving a vehicle towing a trailer owned by defendant T&D Solutions.

The collision then forced Malone to be pushed into the next lane and to strike the right-hand side of another vehicle, according to the complaint filed Nov. 17 in Jefferson County District Court.

Because of the collision, Malone suffered permanent bodily impairment and scarring and lost his earnings and his earning capacity, the suit states. In addition, he experienced physical pain and mental anguish and incurred medical costs, the complaint says.

Malone blames Bennett for causing the collision, saying he negligently failed to keep a proper lookout, drove too fast, failed to turn his vehicle to avoid a collision, failed to timely apply his brakes, failed to keep proper control of his vehicle and failed to keep a proper lookout.

In his complaint, Malone is seeking a judgment in excess of the minimum jurisdictional limits of Jefferson County District Court, plus exemplary damages, pre- and post-judgment interest, costs and other relief the court deems just.

Stephen N. Williams of The Williams Firm in Beaumont will be representing him.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No. B188-824

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