Crash on Hwy 146 subject of lawsuit

John Suayan, Galveston Bureau May 2, 2011, 3:29pm

GALVESTON � Thomas Viancour is suing Elinor Hernandez over a two-vehicle accident in Texas City last September.

In a lawsuit filed April 18 in Galveston County District Court, Viancour, 85, accuses Hernandez of striking his 1999 Mercury Gran Marquis near the intersection of State Highway 146 and the Emmett F. Lowry Expressway on Sept. 8.

The suit states that both were traveling in the 3600 block of FM 1764 prior to the alleged collision.

Viancour says he was attempting to stop for a red light before proceeding toward the expressway when Hernandez slammed into his vehicle.

"After the defendant collided into the plaintiff, the defendant's vehicle crossed over the middle and outside lanes, left the roadway, ran over a highway sign and traveled approximately 200 more feet before coming to rest," the original petition says.

It adds a Texas City police officer on the scene drove the plaintiff to nearby Mainland Medical Center. Viancour claims to have suffered injuries to his legs, arms, neck, chest, head, back and general body.

"His body was bruised, battered and contused," the suit says.

"The injuries have had a serious effect on the plaintiff's health and well-being."

The suit faults Hernandez for driving at an unsafe speed.

Consequently, Viancour sues for medical expenses, mental anguish, and pain and suffering.

He is represented by attorney Greg Russell of Dickinson.

Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Case No. 11-cv-0648

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