Crash into retaining wall on I-45 subject of lawsuit

John Suayan, Galveston Bureau Mar. 30, 2011, 9:17am

GALVESTON � Galveston County residents James Skadowski and Merced Garza are suing August Mussmann IV over a two-vehicle accident which reportedly caused the plaintiffs' vehicle to hit a concrete retaining wall.

Skadowski and Garza accuse Mussmann of rear-ending them the morning of March 29, 2009, in a lawsuit filed March 24 in Galveston County District Court.

Recent court documents show the complainants and the defendant were traveling southbound in the 3600 block of Interstate 45 in Dickinson. Skadowski was driving a pickup truck with Garza as a passenger while Mussmann operated a car belonging to Texas City resident Frances Mussmann.

"Suddenly and without warning, defendant August Mussmann IV drove the car into the rear of the Skadowski pickup causing it to crash into the concrete retaining wall," the original petition says.

The plaintiffs claim they sustained bodily injuries and insist they did nothing to bring about the alleged collision.

The suit blames the defendant for driving while under the influence of alcohol and marijuana as well as violating numerous traffic rules and regulations while it faults Frances Mussmann for negligently entrusting her vehicle to August Mussmann IV.

Consequently, the plaintiffs seek at least $80,000 in damages.

They are represented by Attorney Rex A. Frazar of Houston.

Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 11-cv-0514

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