Cyclist sues driver who struck him parking lot
David Salazar of the Salazar Law Firm PLLC
GALVESTON - A local man says a motorist knocked him off his bicycle a few months ago.
A lawsuit filed Jan. 21 in Galveston County District Court states James Lovell was riding his bike to a nearby friend's house on Sept. 8, 2011, when Karen Phillips struck him in front of a Kroger's along FM 518 in League City.
The original petition states Lovell made a stop at the driveway of the store when Phillips was making her way out of the parking lot.
"Both parties stopped to allow the right of way," the suit says. "Mr. Lovell contends that Ms. Phillips waved him to cross in front of her vehicle."
Lovell says Phillips, however, stepped on the accelerator and hit him just as he began pedaling in front of her.
"The impact was so great, that Mr. Lovell was drug under Ms. Phillips' vehicle approximately 15 feet into the street," the suit says.
Phillips is faulted for failing to timely apply the brakes, failing to maintain a proper lookout, failing to yield the right of way, failing to maintain proper vehicle control, failing to turn said vehicle, failing to pay attention, failing to warn and speeding.
Consequently, the plaintiff seeks unspecified monetary damages and a jury trial.
He is represented by The Salazar Law Firm PLLC.
The case has been assigned to Galveston County 405th District Court Judge Wayne Mallia.
Case No. 12-cv-0096