Passenger sues driver who ran car into pole

John Suayan, Galveston Bureau Dec. 3, 2011, 10:31am

GALVESTON - Meagan Bailey claims she was in a one-vehicle accident involving a utility pole back in July, recent court documents say.

Bailey is suing Dallas resident Erica Earl for driving a vehicle carrying the two of them into a utility pole last July 2, a lawsuit filed Nov. 10 in Galveston County Court at Law No. 2 says.

According to the original petition, Earl drove Bailey's vehicle with Bailey as her passenger, failed to make a safe turn and struck the pole in question.

The suit insists the plaintiff did nothing to bring forth the alleged collision.

It faults Earl for maintaining the vehicle at an excessive rate of speed immediately prior to the alleged incident, failing to timely and properly apply the brakes, operating said vehicle in a careless and reckless manner and failing to maintain reasonable and proper control.

Joining Earl as a respondent in the case is the complainant's insurer, Gainsco Inc.

Bailey says she "has complied with all conditions precedent under the terms and provisions of her policy, making the defendant Gainsco liable to the plaintiff for the amount of her damages to her auto," however, the insurer "has wrongfully denied this coverage relying on a patently inapplicable and vague policy exclusion."

"In fact, this is a clearly covered loss," the suit says.

Consequently, the plaintiff seeks unspecified monetary damages.

She is represented by Matthews & Forester.

The case has been assigned to Galveston County Court at Law No. 2 Judge Barbara Roberts.

Cause No. 66,336

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