Woman files accident suit against company, driver

By Carol Ostrow | Apr 29, 2015

A Harris County consumer brought a lawsuit against an industrial firm and its employee for alleged negligence in 2013.

Whitney Cummings filed a complaint against Orange County Industrial Inc. and Jose DeJesus Villanueva of Beaumont on April 15 in Jefferson County District Court, claiming liability in a December 2013 accident.

According to the filing, the plaintiff was traveling north on the Eastex Freeway in Beaumont on Dec. 13, 2013. The defendant, who was traveling behind her, allegedly lost control of his vehicle, was unable to stop and collided with her car from the rear.

Cummings states that the defendant is responsible for failing to brake, maintain a proper lookout, steer his vehicle to avoid collision, maintain a safe speed and following distance, and pay attention as a person of ordinary discretion. She cites the defendant Villanueva with negligence in his capacity as a driver for Orange County Industrial; and the company with negligent entrustment of the vehicle to Villanueva, allegedly an unlicensed driver.

The plaintiff cites physical pain, mental anguish, medical care and costs, lost wages and impairment. She seeks between $200,000 and $1 million in compensation for damages; pre- and post-judgment interest; attorney’s fees; expenses; and costs. Cummings is represented by Daragh John Carter of Smith and Hassler in Houston.

Jefferson County District Court case no. A-197000

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