Woman with brain injury sues insurers for failing to pay

Kelly Holleran Nov. 20, 2011, 10:28am

An Orange woman claims her two insurance companies refuse to pay her an adequate amount to cover the brain injuries she sustained during a rear-end collision.

Jodie Gore filed a lawsuit Nov. 14 in Jefferson County District Court against Suewake Freeman Kelly, Triplex Home Health Care, State Farm Mutual Automobile Insurance Co. and Farmers Texas County Mutual Insurance Co.

In her complaint, Gore alleges she slowed her 2008 Chrysler Aspen to make a right-hand turn from FM 148 in Hardin County on Feb. 10 when Kelly, who was driving behind her, struck the rear of her vehicle.

Because of the accident, Gore sustained a closed-head brain injury, plus injuries to her neck and back, according to the complaint. In addition, she incurred medical costs; experienced physical pain, suffering, physical impairment and mental anguish; and lost her earnings, mental function and household services, the suit states.

Gore blames Kelly, who was driving for Triplex Home Health Care at the time of the collision, for causing the accident, saying Kelly negligently failed to keep a proper lookout, failed to turn her vehicle to avoid a collision and failed to keep a proper distance between her vehicle and Gore's. In addition, Kelly negligently drove too fast and failed to timely apply her brakes, the complaint says.

Following the accident, Gore received money from Kelly's insurance company, but the compensation was not enough to cover all of Gore's medical costs, she claims. In turn, she requested money from the two insurance companies who she claims should have covered her -- State Farm and Farmers.

"Any recovery was insufficient to compensate Plaintiff," the suit states.

In her complaint, Gore seeks a judgment within the jurisdictional limits of Jefferson County District Court, plus pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and other relief the court deems just.

Brett S. Thomas of Roebuck, Thomas, Roebuck and Adams in Beaumont will be representing her.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Case No. B191-327

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