Two file suit against driver who allegedly fell asleep, caused wreck

Kelly Holleran Aug. 9, 2012, 9:40am


Two Tyler County residents claim they sustained various injuries after a driver struck their vehicle after she fell asleep behind the wheel.

Pamela Mroziewicz and Kathleen Heth filed a lawsuit July 26 in Jefferson County District Court against Deborah Leggett Graves.

In their complaint, Mroziewicz and Heth allege they rode in a vehicle that had stopped in the turning lane of U.S. 69 when Graves, who was traveling north on the same road, failed to stay in her lane and struck their vehicle.

"According to the police report, the Defendant was under the influence of prescription medications which caused the defendant to fall asleep momentarily before drifting out of her lane of traffic," the suit states.

Because of the collision, Mroziewicz sustained left arm, neck and back injuries. Both plaintiffs suffered severe pain and discomfort; incurred medical costs; experienced mental anguish, physical pain, suffering and disability; and lost her enjoyment of life, the complaint says. They also claim they lost their earning capacities and suffered physical impairment.

Graves negligently failed to keep a proper lookout, failed to timely apply her brakes, failed to drive within a single lane and drove too fast, according to the complaint.

In their complaint, Mroziewicz and Heth are seeking damages in excess of the minimum jurisdictional limits of Jefferson County District Court, plus costs, pre- and post-judgment interest and other relief the court deems just.

Clay Dugas and Reginald Blakeley of Beaumont will be representing them.

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

Case number: E192-739

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