Suit filed after truck driver backs into vehicle

Kelly Holleran Jan. 21, 2013, 12:43pm

A woman claims she sustained injuries after the driver of an 18-wheeler struck the parked vehicle in which she was sitting. 

Avis W. Lamotte filed a lawsuit Jan. 7 in Jefferson County District Court against Reginald Glenn Reed, Oscar J. Captain Sr. and 2 Cap Investments.

In her complaint, Lamotte claims she was sitting in a vehicle parked at 501 Washington Blvd. in Beaumont on Jan. 7, 2011, when Reed, who was driving an 18-wheeler, backed into the rear-end of the vehicle in which Lamotte was sitting.

Because of the collision, Lamotte suffered physical pain and mental anguish, endured physical disfigurement and impairment and incurred medical costs, the suit states. She also lost her earning capacity, suffered property damages and lost wages, the complaint says.

Lamotte blames Reed for causing the collision, saying he negligently failed to keep a proper lookout, failed to apply his brakes in a timely manner, failed to apply his brakes, drove too fast, failed to turn to avoid a collision, failed to keep a safe distance between his vehicle and others and backed up when it was not safe to do so.

In addition to Reed, Lamotte names Captain and 2 Cap Investments as defendants, saying they are liable because they employed Reed.

Lamotte seeks a judgment within the jurisdictional limits of Jefferson County District Court, plus pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and other relief the court deems just.

James M. Lassiter III and Timothy M. McHale of Lassiter Law Firm in Houston will be representing him.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A193-799

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