Deposition sought in hit-and-run suit
Transit Mix Concrete and Materials recently filed a cross-notice of oral deposition in an automobile collision suit against the company.
As previously reported, on Aug. 24, 2011, Carolyn Modica filed suit against Transit and Barrett Hayles, the driver of a cement truck who she claims she was forced to chase for two miles after he struck her vehicle at 60 miles-per-hour.
Court records show that on March 21 the defendants field the notice seeking the cross deposition of Dr. William Blair Jr.
The deposition is slated for May 2, the notice states.
In her suit, Modica claims she was driving a 2006 Toyota Prius on Highway 105 near its intersection with Keith Road in Beaumont on Jan. 26, 2010, when defendant Hayles, who was driving a truck for defendant Transit, struck her.
“Both Plaintiff and Defendant were traveling at approximately 60 miles per hour,” the suit filed states. “Suddenly, without warning, Defendant unsafely attempted to move from the inside lane to the outside lane, striking Plaintiff’s vehicle in the side of the driver’s side, causing the collision.”
Following the accident, Hayles refused to stop driving the cement truck, and Modica had to chase him for two miles before he pulled over, according to the complaint.
Modica suffered severe bodily injuries to her neck and left shoulder and experienced extreme physical pain, suffering and mental anguish, according to the complaint.
Hayles negligently failed to keep a proper lookout, the complaint says.
Modica is seeking an unspecified judgment, plus pre- and post-judgment interest, costs and other relief the court deems just.
Barry C. Bennett of Eddins & Bennett Law Firm in Beaumont represents her.
The case is assigned to Judge Milton Shuffield, 136th District Court.
Case No. D190-718