Friendswood man sues bar, driver over wreck

John Suayan, Galveston Bureau Feb. 6, 2012, 8:00am

GALVESTON - Friendswood resident Charles A. Shearrow II states he was involved in a two-vehicle accident in San Leon last year with a drunk driver.

Shearrow filed a lawsuit against Timothy Jones Miller, Jone Yandell Miller, Michael Patrick Dunn and Wayno's Bar and Grill Jan. 20 in Galveston County District Court.

According to the suit, Shearrow was a passenger in a vehicle driven by his father on Jan. 19, 2011, when they were struck by Timothy Jones Miller.

According to the original petition, Timothy Jones Miller just left Wayno's, which is owned by Dunn, in a vehicle belonging to Jone Yandell Miller prior to the collision in question.

The suit says the establishment served the motorist alcoholic beverages "while he was obviously intoxicated," adding his blood alcohol content level reached .26, which is more than three times the legal limit for intoxication in the state.

The suit states Timothy Jones Miller failed to heed a stop sign near Wayno's and crashed into the vehicle carrying the plaintiff.

Timothy Jones Miller then fled the scene to his nearby residence where authorities arrested him for driving while intoxicated, the lawsuit alleges.

Meanwhile, the plaintiff was taken to St. John Hospital in Nassau Bay where he was treated for "severe, debilitating and permanent" injuries to his brain and vertebrae, the suit states.

Shearrow consequently seeks unspecified monetary damages and a jury trial.

He is represented by Collins, O'Neal & Swofford PLLC.

The case has been assigned to Galveston County 122nd District Court Judge John Ellisor.

Case No. 12-cv-0077

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