UPS worker sues after being struck while crossing street

By Kelly Holleran | Jan 6, 2010

A man has filed suit against the driver he says struck him as he attempted to cross the street.

Elgin Lastrap claims his UPS truck was legally stopped on the right-hand side of the westbound lane in the 2500 block of Liberty Street in Beaumont on July 14, 2008. At the same time, Clay Barclay was traveling in the right-hand lane of Liberty, according to the complaint filed Dec. 30 in Jefferson County District Court.

"Elgin Lastrap had proceeded to cross Liberty and had traveled on foot halfway across the left-hand lane on his way to the left-hand shoulder when Clay Barclay failed to control speed and turned quickly into the left-hand lane of Liberty," the suit states.

"Without warning and without making any attempt to avoid hitting Elgin Lastrap, Defendant struck Elgin Lastrap with the full force of his vehicle."

Because of the accident, Lastrap incurred medical costs; experienced physical pain, suffering and physical impairment; lost earnings; and suffered mental anguish, the complaint states.

Lastrap blames Barclay for negligently failing to keep a proper lookout, failing to yield, failing to turn in an effort to avoid a collision, driving in a lane of traffic which Barclay occupied, failing to keep a safe distance between his vehicle and Lastrap's so that he could come to a safe stop, driving too fast and failing to apply his brakes.

Lastrap is seeking a judgment within the jurisdictional limits of Jefferson County District Court, plus pre- and post-judgment interest, costs and other relief the court deems just.

David J. LaRue of Loncar and Associates in Beaumont will be representing Lastrap.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Jefferson County District Court case number: B185-554.

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