Lawsuit says woman pursued hit-and-run driver for 2 miles

Kelly Holleran Sep. 26, 2011, 7:00am

A woman has filed suit against the driver of a cement truck who she claims she was forced to chase for two miles after he struck her vehicle at 60 miles-per-hour.

Carolyn Modica claims she was driving a 2006 Toyota Prius on Highway 105 near its intersection with Keith Road in Beaumont on Jan. 26, 2010, when defendant Barrett Hayles, who was driving a truck for defendant Transit Mix Concrete and Materials Company, struck her.

"Both Plaintiff and Defendant were traveling at approximately 60 miles per hour," the suit filed Aug. 24 in Jefferson County District Court states. "Suddenly, without warning, Defendant unsafely attempted to move from the inside lane to the outside lane, striking Plaintiff's vehicle in the side of the driver's side, causing the collision."

Following the accident, Hayles refused to stop driving the cement truck, and Modica had to chase him for two miles before he pulled over, according to the complaint.

Because of the accident, Modica suffered severe bodily injuries to her neck and left shoulder and experienced extreme physical pain, suffering and mental anguish, according to the complaint.

Hayles negligently failed to keep a proper lookout, the complaint says.

In her complaint, Modica is seeking an unspecified judgment, plus pre- and post-judgment interest, costs and other relief the court deems just.

Barry C. Bennett of Eddins and Bennett Law Firm in Beaumont will be representing her.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Case No. D190-718

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