Passenger sues after seeing man struck and killed by vehicle

Kelly Holleran Jun. 3, 2013, 7:56pm

After seeing her fellow passenger struck and killed by a moving vehicle, a Port Arthur woman elected to file suit against the driver who had caused the collision.

Linda Nguyen filed a lawsuit May 20 in Jefferson County District Court against Que Anh Nguyen. 

In her complaint, Linda Nguyen claims she was riding in a vehicle Hen Truong was driving on Sept. 26, 2011. Suddenly, Truong lost control of the vehicle, causing it to come to a rest on the inside lane of traffic in the 1900 block of U.S. 69 in Beaumont, according to the complaint.

After Truong’s vehicle had stopped moving, he exited it. Immediately thereafter, Que Anh Nguyen struck Truong, killing him, then proceeded to strike the vehicle in which Linda Nguyen was still sitting as a passenger, the suit states. The collision caused Linda Nguyen to be thrown around within the vehicle, the complaint says.

Because of the collision and the violence she witnessed, Linda Nguyen claims she endured severe mental anguish and incurred medical costs. She also experienced physical pain and suffering; lost Truong’s care, comfort, solace, companionship, protection, services and physical relations; and lost his household services, according to the complaint.

Linda Nguyen blames the collision on Que Anh Nguyen, who she says negligently failed to keep a proper lookout, failed to turn to avoid a collision, failed to keep a safe distance from Truong’s vehicle, drove too fast and failed to apply her brakes.

In her complaint, Linda Nguyen seeks a judgment within the jurisdictional limits of Jefferson County District Court, plus unspecified exemplary damages, 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.

Dean Gregory of Horton and Gregory in Houston will be representing her.

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

Case No. B194-359

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