Tina Smith Provost has filed suit against JT Wein Inc. and one of its truck drivers, claiming Raul B. Flores negligently caused an automobile collision by failing to control his rate of speed.
The suit was filed On April 4 in the Orange County District Court.
According to the plaintiff's original petition, on Oct. 24, 2006, Provost was traveling north on Texas Avenue when Flores, driving a company vehicle, allegedly failed to control his rate of speed and rear-ended her.
"Flores' negligence was the proximate cause of Provost's damages," the suit says. "JT Wein had entrusted (its) vehicle to Flores Ã¯Â¿Â½ when he was incompetent and unfit to safely operate the vehicle on public streets and highways."
The suit also alleges Flores negligently failed to keep a proper lookout, turn his vehicle in time to avoid the collision and apply his brakes in time.
Provost, who says she injured her neck and back in the incident, is suing for past and future medical expenses, pain and mental anguish.
She is represented by Timothy Sawyer of the Lindsay & Morgan law firm.
The case has been assigned to the 128th Judicial District.
Case No. A-080163-c