Woman sued for allegedly running over child's foot

John Suayan, Galveston Bureau Apr. 3, 2012, 4:48am


GALVESTON - An Alvin man claims an Algoa woman ran over his son's left foot while she made a left hand turn at an intersection, recent court documents say.

In a lawsuit filed March 19 in Galveston County District Court, David Mihailovich asserts Debra O'Connor caused the incident in question on Dec. 5, 2007, when she failed to yield to then-11-year-old Michael Mihailovich, who was riding his bicycle.

The younger Mihailovich, who joins his father as a co-plaintiff in the case, was following a car carrying his brother and his brother's friend near his parent's home in the 4600 block of Singletary Street, the suit says.

The vehicle then stopped to make a right hand turn onto nearby Fir Road, prompting the child to brake by placing his feet on the ground.

O'Connor, doing business as Peanut's Towing, drove a company-owned Ford F-250 pickup truck on the westbound lane of Fir Road and subsequently turned left on Singletary after the car which Michael Mihailovich was following finished turning right.

"As the defendant was whipping around the corner, she ran over the left foot of the plaintiff," the original petition says.

"After running over the child's foot, Debra O'Connor failed to stop and render aid or check on the child. The defendant proceeded to her residence, which was several blocks from the scene where she had run over the child's foot."

According to the suit, the child's family members could hear him yell from the house.
They immediately ran to his aid and called 911 for medical assistance and to report the event.

One of the relatives went to O'Connor's house to ask her "why she just drove off after hitting the 11-year-old plaintiff with her truck," the suit claims.

"The defendant replied in a rude, matter of fact tone, 'Why don't you do something about it?'," the suit says.

Santa Fe EMS transported the young plaintiff to the emergency room at the University of Texas Medical Branch in Galveston.

O'Connor is summarily blamed for failing to take action in an effort to prevent the subject collision.

Consequently, the plaintiffs seek unspecified monetary damages and a jury trial.

They are represented by attorney Michael L. Aldous of Santa Fe.

Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 12-cv-501

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