Plaintiff claims driver failed to obey traffic control device

Kelly Holleran Jan. 4, 2011, 5:30am

A Jefferson County woman claims she sustained damages after a driver collided with her vehicle.

Phyllis M. Hill filed a lawsuit Dec. 20 in Jefferson County District Court against Joyce L. Franklin.

Hill claims Franklin struck her on Jan. 31, 2009, after Franklin failed to obey a traffic control device.

Because of the collision, Hill incurred medical costs; experienced physical pain, suffering, mental anguish and physical impairment; and lost wages, according to the complaint.

She blames Franklin for causing the collision, saying Franklin negligently failed to exercise due care, failed to keep a proper lookout, failed to maintain proper control of her vehicle, failed to obey traffic control devices and failed to swerve to avoid the collision. In addition, Franklin failed to timely apply her brakes, failed to yield the right-of-way and failed to use evasive action, the suit states.

In her complaint, Hill seeks an unspecified judgement, plus costs, pre- and post-judgment interest and other relief the court deems just.

Jeffrey C. Chilton of Packard Lapray in Beaumont will be representing her.

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

Case No. A188-989

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