Defendant says man died from pre-existing cardiac condition, not wreck

John Suayan, Galveston Bureau Sep. 1, 2011, 5:34am

GALVESTON - A League City woman who was blamed for causing a three-vehicle accident which killed one man has submitted an affirmative motion for summary judgment in the lawsuit against her.

Shannon Sweeney's motion, filed Aug. 10 before the Galveston County 56th District Court, explains that the defendant subpoenaed all of the late David Minks' medical records in connection with the Nov. 25, 2008, accident and his longstanding coronary artery disease and also designated cardiologist Dr. Ethan Podet as an expert witness.

David Minks' widow filed suit against Sweeney on Nov. 5, 2010, in the same court, claiming the wreck in question resulted in the death of her spouse last year.

Court papers entered at the time show the decedent was traveling in the 100 block of Main Street in League City when Sweeney rear-ended a vehicle driven by Vu F. Le.

The collision caused Le's car to strike Minks' vehicle, the original complaint says.

The suit further explains that David Minks suffered severe back and heart-related problems, including an exacerbation of a pre-existing cardiac condition and cardiac stint.

He died on June 10, 2010, according to the original petition.

Sweeney counters the plaintiff's allegations that the accident killed David Minks, stating his death following his coronary artery bypass surgery is not related to the subject incident.

She cites Podet's report, which notes the decedent's history with the ailment, as the foundation of her motion.

Soule, Baldwin & Fanaff is representing the respondent.

Case No. 10-cv-4104

More News