Kelly Holleran Sep. 17, 2012, 6:48pm


A Jefferson County man has filed suit against the driver who he claims failed to yield the right-of-way as he was approaching the highway. The man also filed suit against his insurance company, alleging it refused to pay him for damages he incurred in the collision.

Donneville J. Prescott alleges he was driving east in the 2800 block of Highway 73 on Sept. 7, 2010, when defendant Dustin Wade Kelley, who was attempting to enter the highway, failed to yield the right-of-way and struck Prescott’s vehicle.

Because of the collision, Prescott experienced unspecified injuries and damages, according to the complaint filed Aug. 23 in Jefferson County District Court.

Kelley negligently failed to yield to avoid a collision, failed to yield the right-of-way, failed to keep a proper lookout, failed to keep his vehicle under proper control, followed Prescott’s vehicle too closely and failed to take proper evasive action, the suit states.

At the time of the collision, Prescott had an insurance policy through defendant Geico Insurance. The policy was supposed to cover Prescott in case of a collision with an uninsured or under insured driver, the complaint says. Because Kelley fell into one of these two categories, Prescott is seeking $500,000 in damages from Geico.

In his complaint, Prescott is seeking his full damages, plus interest at the legal rate, costs and other relief the court deems just.

B. Vic Shapiro of Houston and Thomas A. Laucius of Laucious and Associates in Houston will be representing him.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No. B192-934

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