Woman claims man backed into vehicle

Kelly Holleran Apr. 15, 2011, 10:20am

A woman has filed suit against the driver who she claims backed into her vehicle.

Yessica Rocha claims she was driving west on Saba Lane in Port Arthur on Sept. 14 when defendant Agustin Ramirez Torres, who was parked in the southbound lane of State Highway 347, backed up the vehicle he was driving for defendant Digco Utility Construction and Quinta Services, striking her.

Because of the collision, Rocha incurred medical costs; experienced physical and mental pain and anguish, physical impairment and disfigurement; and lost wages, according to the complaint filed March 31 in Jefferson County District Court.

Torres negligently failed to maintain a proper lookout, failed to control his vehicle, failed to apply the brakes of his vehicle, failed to turn his vehicle to avoid a collision and failed to take proper evasive action, the suit states. In addition, he failed to obey traffic rules, the complaint says.

Rocha also blames Digco and Quinta for contributing to the accident, saying they negligently allowed Torres to drive their vehicle in a manner that endangered the public, failed to properly investigate Torres' driving ability, entrusted their vehicle to an unlicensed driver, hired Torres and employed Torres.

In her complaint, Rocha is seeking actual damages in excess of the minimum jurisdictional limits of Jefferson County District Court, plus pre- and post-judgment interest at the maximum rate allowed by law, costs and other relief the court deems just.

Michael Weinberg of Weinberg and Weinberg in Houston will be representing her.

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

Case No. B189-682

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