Man sues driver who stopped in middle of the road

Kelly Holleran Mar. 2, 2011, 3:49am

A Jefferson County man blames a driver for making him strike a vehicle parked in the middle of the road.

Timothy and Tina DeBarge filed a lawsuit Feb. 16 in Jefferson County District Court against Sour Lake Contracting and Danny Jovanovich.

The DeBarges claim Timothy DeBarge was driving south on State Highway 124 on Dec. 12 when he struck a vehicle stopped in the middle of the road, blocking both lanes of traffic. The parked vehicle had been driven by Jovanovich, who was working for Sour Lake Contracting, according to the complaint. At the time of the collision, however, Jovanovich had exited the vehicle and was standing in the road, the suit states.

"Defendant, Danny Jovanovich's negligent operation and/or Defendants' improper maintenance of the vehicle resulted in a collision between the aforementioned vehicles," the complaint says.

Because of the accident, Timothy DeBarge claims he experienced severe physical pain, suffering and mental anguish and lost wages and his earning capacity. In addition, he incurred medical costs and sustained physical impairment and disfigurement, according to the complaint.

The DeBarges blame Jovanovich for causing the collision, saying he negligently failed to maintain control of his vehicle, blocked all lanes of traffic with his vehicle, failed to move his vehicle from the road and failed to maintain his vehicle in proper working order.

In addition, Jovanovich negligently failed to properly inspect his vehicle, failed to place warnings around his vehicle, failed to exercise due care and failed to pay full attention, the suit states.

Sour Lake Contracting is also named as a defendant because of its failure to properly train and supervise Jovanovich and its failure to properly maintain its vehicle, the complaint says.

In their complaint, the DeBarges seek a judgment within the minimum jurisdictional limits of Jefferson County District Court, plus pre- and post-judgment interest, costs and other relief the court deems just.

Clint Brasher and Joe Muckleroy of Beaumont will be representing them.

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

Case No. B189-377

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