Wreck in downtown Beaumont subject of lawsuit

Kelly Holleran Mar. 3, 2011, 3:11am

An Orange County woman seeks more than $2,000 from her insurance company after she says an under insured driver struck her vehicle.

Jolanta Allen filed a lawsuit Feb. 28 in Jefferson County District Court against National General Insurance Company.

Allen claims she drove north in the 300 block of Pearl Street in downtown Beaumont on June 10 when defendant Mary McSpadden struck her vehicle as Allen attempted to make a left turn onto Liberty Street.

"Defendant turned left from a straight only lane and collided with Plaintiff," the suit states.

Because of the collision, Allen sustained injuries to her shoulder, neck and lower back and sustained disability, according to the complaint. In addition, she incurred medical costs of more than $52,500, the suit states.

Allen blames McSpadden for causing the collision, saying she negligently failed to stay in the appropriate lane, failed to exercise due care, failed to keep a proper lookout, drove negligently and drove inattentively.

At the time of the collision, McSpadden had insurance coverage, but it only paid $50,000 to Allen for her damages, the complaint says.

"The recovery was insufficient to compensate Jolanta Allen," the suit states.

Now, she seeks recovery from her insurance company under her under insured policy provision.

In her complaint, Allen seeks a judgment in excess of the minimum jurisdictional limits of Jefferson County District Court, plus costs, pre- and post-judgment interest and other relief the court deems just.

Clay Dugas and Mike Jacobellis of Beaumont will be representing her.

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

Case No. E189-473

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