Man says he was rear-ended while trying to avoid intoxicated driver

Kelly Holleran Oct. 28, 2014, 1:12pm

A man alleges he incurred medical costs after an allegedly intoxicated driver caused a collision.

Anthony V. Tran filed a lawsuit Sept. 10 in Jefferson County District Court against Kimberlee D. Fowler, Phoebe M. Hanley and Genev A. Mayfield. 

In his complaint, Tran alleges he stopped and took evasive action to avoid a collision with Fowler, who was driving south on the shoulder of the northbound lanes of state Highway 73 in Orange County.

"While plaintiff was stopped, he was then rear-ended by a vehicle driven by defendant Hanley," the suit states.

Due to the collision, Tran incurred medical costs, experienced physical pain and suffering and endured mental anguish, the complaint says. He also alleges he lost wages, lost his earning capacity, suffered disfigurement and endured physical impairment.

Tran blames the defendants for causing the collision, saying they negligently failed to control their speed, drove too fast, failed to keep a proper lookout, failed to keep a safe distance between her vehicle and the plaintiff's, failed to swerve to avoid a collision, failed to bring her vehicle to a stop and failed to timely apply her brakes.

In his complaint, Tran seeks actual damages, plus pre- and post-judgment interest, costs and other relief the court deems just.

Ryan C. Scott of The Scott Law Firm in Beaumont will represent Tran.

Jefferson County District Court case number: B196-101.

This is a report on a civil lawsuit filed at Jefferson County District Court. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it represents only one side of the story.

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