GALVESTON – A Galveston man and his children are suing a Houston-based business and one of its employees in Galveston County District Court for a two-vehicle accident that incurred more than $75,000 in damages. Failing to negotiate a safe lane change;
Calixto Lopez Jr., individually and as next friend of minors Calixto Lopez III and Christina Lopez, accuses Jeffery Paul Jordan and Spec's Family Partners Ltd. of negligence behind the wheel which, the suit alleges, caused the wreck between Lopez and Jordan on a Galveston intersection.
Defendant Spec's Family Partners Ltd. has owned and operated liquor stores in Houston and the surrounding area since 1962. With almost 30 stores, Spec's offers wine, spirits, beers, liqueurs, cigars and gourmet foods.
"Plaintiff Calixto Lopez Jr. was traveling westbound on Avenue O on the left lane. Defendant [Jeffery Paul] Jordan was traveling westbound on Avenue O on the left lane. Defendant Jordan made a left turn onto 25th Street striking Plaintiff's vehicle and pushing it to a tree," explains the suit.
"The conduct of this Defendant constituted negligence as that term is understood in law and such negligent conduct was a proximate cause of this occurrence, injuries, and damages to Plaintiff made the basis of this suit."
The suit accuses Jordan of the following:
Failing to maintain a proper lookout;
Failing to yield right of way;
Failing to operate his vehicle as a person of ordinary prudence would have in the same or similar circumstance; and/or
Other acts of negligence.
In addition, the suit brings up the argument of respondeat superior against Spec's Family Partners Ltd. since Jordan was driving a vehicle owned by the company at the time of the collision.
"Defendant was the owner of the vehicle driven by Defendant Jordan. At all times material to this lawsuit, Defendant Jordan was an employee of this Defendant and was acting within the course and scope of his employment with this Defendant. Consequently, this Defendant is vicariously liable to Plaintiffs for the negligent conduct of Defendant Jordan under the theory of respondeat superior," contends the suit.
Charges against Spec's Family Partners Ltd. include but are not limited to:
Hiring and/or retaining Defendant Jordan whom it knew or should have known was a reckless or incompetent driver;
Entrusting a vehicle to Defendant Jordan whom it knew or should have known was a reckless or incompetent driver;
Failing to properly train Defendant Jordan in the safe motor vehicle operation; and
Failing to properly supervise Defendant Jordan's driving activities.
The Lopezes, who are represented by attorney Langdon Milton Smith, seek damages such as disfigurement, medical care expenses, and out-of-pocket economic losses against Jordan and his employer and have requested a trial by jury.
Judge John Ellisor, 122nd District Court, is presiding over the case.
Case No. 08CV0515