Woman accused of causing collision says plaintiff claiming more than amount of medical expenses

David Yates Aug. 9, 2013, 1:46pm

The defendant in a suit alleging she caused an automobile collision near a funeral procession has answered the suit, and is asserting the plaintiff is claiming medical expenses in excess of what was actually incurred.

As previously reported, Aundrea Townsel filed a lawsuit April 24 in Jefferson County District Court against Ellery Moore. 

Court records show Moore answered the suit on June 6, asserting a general denial. Moore also argued that Texas law limits the plaintiff’s recovery of medical expenses.

“The amount plaintiff was allegedly billed for the medical treatment claimed to have been received by plaintiff for the post-accident medical treatment is in excess of the amounts actually paid or incurred,” the answer states.

In her complaint, Townsel claims she sustained injuries in an automobile collision when Moore struck her vehicle on March 2.

Because of the collision, Townsel experienced physical pain, mental anguish and suffering; endured physical impairment; and incurred medical costs, according to the complaint. She also lost wages, the suit states.

Townsel blames Moore for causing the collision, saying she negligently failed to travel at a safe following distance, failed to timely apply her brakes, failed to control her speed and drove unreasonably when there was a funeral procession.

Townsel seeks compensatory damages in excess of the minimum jurisdictional limits of Jefferson County District Court, plus pre- and post-judgment interest at the highest rate allowed by law, costs and other relief the court deems just.

Sandee L. Hart of Hart Law in Orange represents her.

Houston attorney Javier Martinez of the Soule, Baldwin & Fanaff law firm represents the defendant.

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

Case No. B194-273

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