A Jefferson County woman claims she suffered severe injuries when the driver of a vehicle knocked her to the ground with his car door after she had exited her vehicle in an attempt to render aid to a motorcyclist who had rear-ended the vehicle.
Nicole Devos filed a lawsuit Aug. 30 in Jefferson County District Court against Jacob Leadaniel Lowe, Mortell Francis and Michael Shawn Nesbitt.
In her complaint, Devos alleges she was riding in a vehicle driven by Nesbitt in Jefferson County on Sept. 1, 2011, when Lowe rear-ended the vehicle with his motorcycle.
“Plaintiff exited the vehicle operated by defendant Nesbitt for the purpose of rendering aid to defendant Lowe and was caused to fall to the ground and was raked over by the car door of defendant Nesbitt’s vehicle,” the suit states.
Because of the incident, Devos incurred medical costs, experienced physical pain and suffering, endured mental anguish and lost her earnings and her earning capacity, the complaint says. She also claims she suffered physical impairment.
She blames Lowe for causing the collision, saying he negligently failed to keep a proper lookout, failed to maintain control of his vehicle, drove too fast, failed to timely apply his brakes, failed to exercise ordinary care, failed to turn to avoid the collision, failed to keep a safe distance between his vehicle and Devos’s and drove too fast.
She also names Nesbitt as a defendant, saying he negligently failed to keep a proper lookout, failed to maintain control of his vehicle, drove too fast, failed to apply his brakes, failed to exercise ordinary care and drove too fast.
Finally, Francis is also named as a defendant because he entrusted his vehicle to Lowe, according to the complaint.
In her complaint, Devos seeks a judgment in excess of the minimum jurisdictional limits of Jefferson County District Court, plus costs, pre- and post-judgment interest and other relief the court deems just.
B. Adam Terrell of Weller, Green, Toups and Terrell in Beaumont will be representing him.
Judge Donald Floyd, 172nd District Court, has been assigned to the case.
Case No. E194-697