David Yates May 28, 2013, 11:32am

A suit seeking more than $1 million in damages alleges an intoxicated driver left the roadway and crashed, ultimately resulting in the death of the passenger.

Individually and as the representative of the estate of Charles Mitchell Jr., Charles Mitchell Sr. filed suit against Louis Mosby Jr. on May 16 in Jefferson County District Court.

According to the lawsuit, on April 28 Mitchell was a passenger of Mosby, who was pulling a utility trailer loaded with three ATVs in Dayton.

“The distracted, intoxicated defendant left the roadway and took faulty evasive action, which caused the vehicle and trailer to collide with a culvert,” the suit states.

“The impact … caused the vehicle to become airborne and flip, causing the trailer to detach and throw off the ATVs. Decedent was ejected from the vehicle, with the vehicle ultimately landing on him, resulting in his death.”

On top of driving while under the influence, the suit further accuses Mosby of negligently failing to keep a proper lookout and control his rate of speed.

The plaintiff is seeking more than $1 million in damages for his mental anguish, loss of companionship, funeral expenses, medical expenses and lost earnings.

Beaumont attorney Jonathan Juhan represents him.

Judge Milton Shuffield, 136th District Court, is assigned to the case.

Case No. D194-348

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