Couple gets hit turning into own driveway, sues driver

Kelly Holleran Apr. 18, 2011, 4:11pm

Two Port Arthur residents allege they incurred medical costs after a driver slammed into their vehicle as they attempted to turn into their own driveway.

Ernamy Padilla and Sabaida Garth filed a lawsuit April 7 in Jefferson County District Court against Jesus Aviles.

Padilla and Garth allege Padilla attempted to turn into a driveway in Port Arthur on April 30, 2009, when Aviles slammed into his vehicle. At the time of the collision, Garth rode as a passenger in Padilla's vehicle, according to the complaint.

Because of the collision, Padilla and Garth incurred medical costs; lost earnings and their earning capacity; and sustained physical impairment, physical pain and mental anguish, the suit states.

The plaintiffs blame Aviles for causing the collision, saying he is guilty of negligence.

Jonathan C. Juhan of Beaumont will be representing them.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A189-733

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