Company should have known driver was unsafe, lawsuit alleges

Kelly Holleran Jan. 26, 2011, 7:22am

A Jefferson County woman has filed suit against the driver who she claims struck her vehicle, causing her to sustain severe and disabling injuries.

Rosie Hubbard-Deshotel claims she was driving a vehicle on Sept. 22 in Beaumont when she was struck by defendant Reginald Lashun Whitting, who was driving a vehicle for defendant Paccar Leasing Co. and/or Texas Transeastern.

Because of the collision, Hubbard-Deshotel sustained physical pain and disability, experienced mental anguish and suffering and lost earnings, according to the complaint filed Jan. 20 in Jefferson County District Court.

In addition, she incurred medical costs, sustained physical disfigurement and incurred property damages, the suit states.

Whitting negligently failed to keep a proper lookout, failed to timely apply his brakes, failed to timely swerve to avoid a collision, failed to drive in a safe manner, failed to drive in accordance with traffic laws, drove inattentively and changed lanes when it was unsafe to do so, the complaint says.

Hubbard-Deshotel also names Paccar Leasing and Texas Transeastern as a defendant, saying it should never have hired Whitting as a driver because it should have known him to be an unsafe driver.

In her complaint, Hubbard-Deshotel is seeking a judgment within the jurisdictional limits of Jefferson County District Court, plus costs, pre- and post-judgment interest at the legal rate and other relief the court deems just.

Paul A. Higdon of Stern, Miller and Higdon in Bellaire will be representing her.

Judge Milton Shuffield, 136th District Court, has been assigned to the case.

Case No. D189-202

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