David Yates Aug. 26, 2013, 4:18pm

A man accused of driving drunk and causing a crash that killed his passenger has answered the $1 million lawsuit filed against him.

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.

Court records show Mosby answered the suit on June 20, asserting a general denial and demanding strict proof.

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.

Mosby is represented by Beaumont attorney Kevin Fuller of Henry & Fuller.

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

Case No. D194-348

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