Insurer sued after wreck on Nederland Avenue

Kelly Holleran Jul. 27, 2012, 6:37am


A woman claims she should receive money from her insurance company after a driver crashed into her vehicle, causing her to sustain head, neck, back and leg injuries.

Dona Vetter filed a lawsuit July 20 in Jefferson County District Court against Oralia Menchaca and State Farm Mutual Insurance Co.

In her complaint, Vetter alleges she drove a 2004 Toyota Camry west on Nederland Avenue on July 23, 2010, when Menchaca, who drove a 1998 Saturn, attempted to cross Nederland Avenue from a private drive. Suddenly, Menchaca crashed into Vetter's vehicle, according to the complaint.

In addition to her injuries, Vetter experienced great shock to her nervous system, endured a deteriorated physical and mental condition and suffered great physical and mental pain because of the collision, the suit states. She also incurred medical costs, experienced physical impairment and disfigurement, lost wages and lost her enjoyment of life, the complaint says.

Vetter blames Menchaca for causing the collision, saying she negligently failed to yield the right-of-way, failed to keep a proper lookout and failed to maintain control of her vehicle.

At the time of the accident, Vetter had an insurance policy through State Farm that was supposed to protect her in case she got into a collision with an uninsured or underinsured driver, according to the complaint. Because Vetter's damages exceed the limits of Menchaca's policy, State Farm should pay the remainder of her costs, the suit states.

In her complaint, Vetter seeks an unspecified judgment, plus interest at the legal rate, costs and other relief the court deems just.

Michael D. Getz of Beaumont and Joseph C. Possa of Tyler and Possa in Baton Rouge will be representing her.

Judge Donald Floyd, 172nd District Court, has been assigned to the case.

Case No. E192-705

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