Man asks for exemplary damages following collision

Kelly Holleran Nov. 16, 2012, 12:49pm

A Tyler County man has filed suit against the driver who he claims was following his vehicle too closely and collided with it. 

Windell Clark claims he was driving on Jan. 27, 2011, when defendant James Stuart, who was driving a vehicle for Ironman Construction, struck his automobile.

Because of the collision, Clark suffered injuries, incurred medical costs, experienced pain and suffering and endured mental anguish and a physical limitation, according to the complaint filed Nov. 7 in Jefferson County District Court. He also suffered disfigurement and physical impairment, incurred medical costs and sustained property damages, the suit states.

Stuart negligently failed to keep a proper lookout, drove too fast, failed to take proper evasive action, failed to control the speed and direction of his vehicle, followed another vehicle too closely and failed to keep a safe distance between his vehicle and Clark’s, the complaint says.

In his complaint, Clark is seeking compensatory and exemplary damages, plus pre- and post-judgment interest at the maximum rate allowed by law, costs and other relief the court deems just.

Nick Maram of Nick Maram and Associates in Houston will be representing him.

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

Case No. B193-566

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