John Suayan, Galveston Bureau Oct. 29, 2012, 9:34pm

GALVESTON - Claiming he was in a two-vehicle accident in Galveston which resulted in hitting a palm tree almost two years ago, Arthur Passaretti has filed a lawsuit. 

Court papers filed Oct. 22 in Galveston County Court at Law No. 3 say that on Oct. 24, 2010, Wilburton, Okla., resident Patricia Ivey tried to get into a parking space at an IHOP near the San Luis Hotel while Passaretti was in reverse and caused the collision in question.

According to the suit, Ivey "attempted to quickly grab the parking spot of which the plaintiff was in the process of backing out."

"As a result of trying to occupy the parking space before the plaintiff had fully exited, the vehicles collided violently," the original petition says.

"The impact pushed the plaintiff's car across the street and into a palm tree."

Passaretti says he sustained "painful" injuries while damage was inflicted upon his vehicle.

Ivey is faulted for:

  • Failing to keep a proper lookout or pay sufficient attention;

  • Failing to control speed;

  • Failing to apply the brakes or to timely or sufficiently apply the brakes;

  • Failing to turn the vehicle or take other sufficient evasive action in an effort to avoid the subject event; and

  • Failing to operate the vehicle in a reasonable, prudent manner.

The plaintiff consequently seeks unspecified monetary damages.

He is represented by attorney Kelly G. Prather with The Greenwood Prather Law Firm in Houston.

Galveston County Court at Law No. 3 Judge Christopher Dupuy is presiding over the case.

Cause No. 68,562

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