Summary judgment battle underway in collision case
Last March, Brenda Clark and her husband filed a lawsuit against Leonardo Perez for allegedly striking her vehicle with his, injuring her head, neck and back.
On July 17 Clark filed a motion for summary judgment, arguing that the issue of coverage and duty to defend have been established and that no genuine issue as to any material fact necessary to establish coverage exists.
In her suit, Clark claims she was sitting in her 2000 Mitsubishi Eclipse in the turning lane of the 5800 block of Ninth Street on May 15, 2009, with her left blinker activated and waiting for traffic to clear when Perez, who was driving south on the same street, lost control of his vehicle, veered into the turn lane and crashed into the rear of Clark's vehicle.
"Immediately upon impact, Plaintiff was knocked out and did not regain consciousness until hours later," the suit states. "Plaintiff received severe head injuries and was hospitalized for five days."
The suit also names Maria Isabel Guill, who allegedly allowed Perez to operate her vehicle without a license, and Santa Fe Auto Insurance as defendants.
The Clarks seek a judgment of no more than $400,000, plus pre-judgment and post-judgment interest, costs and other relief the court deems just.
Ronald J. Schaeffer of Lufkin represents them.
Plano attorney Michael Russell represents Perez.
The case is assigned to Judge Bob Wortham, 58th District Court.
Case No. A186-334