Motorcycle rider sues driver who rear-ended bike

Kelly Holleran Jan. 24, 2011, 9:11am

A Hardin County man claims he sustained severe injuries after a car rear-ended his motorcycle, propelling him into the vehicle sitting in front of him.

Shawn Pierce filed a lawsuit Jan. 10 in Jefferson County District Court against Frank Fertita.

Pierce claims Fertita struck him as he was riding on his motorcycle on Oct. 15, pushing Pierce into the vehicle in front of him.

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

Pierce blames Fertita for causing the collision, saying he negligently failed to maintain a proper lookout, failed to timely apply his brakes and failed to yield. In addition, Fertita negligently failed to maintain a proper distance, failed to turn to the right or left to avoid a collision, failed to sound his horn and failed to control his speed, the suit states.

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

John S. Morgan of Harris, Duesler and Hatfield in Beaumont will be representing him.

The case has been assigned to Judge Doanld Floyd, 172nd District Court.

Case No. E189-089

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