Robbie Hargett Oct. 26, 2015, 3:52pm


A Texas motorist is suing Schlotzsky's Deli and two of its agents, alleging negligence over injuries the plaintiff says he sustained in a vehicle collision.

Loy F. Coxsey filed a lawsuit July 9 in Galveston County District Court against Russell Wayne Perry, Cynde Whitson, and East Beach Deli, doing business as Schlotzsky's Deli in Galveston, alleging negligence, negligence per se and, negligent entrustment, training and supervision.

On July 19, 2013, the complaint states, Coxsey was driving eastbound on Avenue H in Galveston, when Perry, driving northbound on 27th Street, failed to yield to traffic at the intersection and collided with Coxsey's vehicle, causing it to strike a telephone pole on the south side of the 2600 block of Avenue H. The suit says the plaintiff suffered severe injuries.

The suit says Whitson had leased the vehicle Wayne was driving, and Wayne was acting in the scope of his employment with Schlotzsky's Deli.

The complaint alleges the defendants were negligent in failing to yield to traffic, failing to maintain proper lookout, failing to control speed, being inattentive and distracted, operating a vehicle without a state-issued driver's license, entrusting a vehicle to an unlicensed or incompetent driver, and other negligent acts or omissions.

Coxsey seeks monetary relief between $200,000 and $1 million, plus interests and costs of the suit. He is represented by attorneys Bridgit Ann White and Mark O. Midani of Midani & Cole in Houston.

Galveston County District Court case number 15-cv-0696.

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