Passenger sues driver over Jefferson County wreck

Kelly Holleran Dec. 15, 2010, 2:10pm

A Port Arthur man claims he sustained physical pain and suffering when the driver of a vehicle in which he rode lost control and flipped it.

Osama Fayyaz filed a lawsuit Dec. 10 in Jefferson County District Court against Shujat Ali Swati and Baber Naeem.

Fayyaz alleges he rode in a vehicle Swati drove on State Highway 73 on June 13 when Swati lost control of the vehicle.

"The vehicle spun out of control, traveled through a fence and then flipped several times," the suit states.

In addition to his physical pain and suffering, Fayyaz experienced mental anguish and physical impairment because of the collision. In addition, he incurred medical costs and lost his future earning capacity, the complaint says.

Fayyaz blames Swati for causing the collision, saying he negligently failed to apply his brakes, failed to maintain a proper lookout, failed to drive in a safe manner, failed to maintain control of his vehicle, failed to take evasive action, failed to control his speed and drove too fast.

The vehicle belonged to Naeem, who should never have lent it to Swati as he knew Swati to be a careless and reckless driver, according to the complaint.

In his complaint, Fayyaz seeks an unspecified judgment, plus interest, costs and other relief the court deems just.

Tom Oxford of Waldman Smallwood in Beaumont will be representing him.

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

Case No. E188-947

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