Failure to control speed blamed for crash

Kelly Holleran Jun. 20, 2011, 10:00am

An Orange County man has filed suit against the driver who he claims struck him after the driver failed to control his speed.

Gervis N. Smith claims he was driving east on State Highway 73 on Aug. 20 when defendant Alan T. Sheppard struck him.

Because of the collision, Smith incurred medical costs, experienced mental anguish and disfigurement and lost wages, according to the complaint filed June 8 in Jefferson County District Court. In addition, he experienced pain and suffering, the suit states.

Sheppard negligently failed to control his speed, drove too fast, failed to keep a proper lookout, failed to maintain a safe distance between his vehicle and Smith's and failed to swerve to avoid a collision, the complaint says. In addition, Smith claims Sheppard negligently failed to bring his vehicle to a stop to avoid the collision, failed to timely apply his brakes and drove carelessly.

In his complaint, Smith is seeking actual damages, plus pre- and post-judgment interest, costs and other relief the court deems just.

Smith will be represented by Jason L. Cansler of The Law Offices of Jason L. Cansler in Beaumont and by Brian D. Sutton of Sutton and Jacobs in Beaumont.

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

Case No. A190-232

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