Man claims pain and suffering from auto wreck

By Kelly Holleran | Nov 3, 2010

Physical pain and suffering were endured by a Jefferson County resident in an accident that occurred nearly a year ago, according to recent court documents.

Rusty Allen Hartt filed a lawsuit Oct. 20 in Jefferson County District Court against Richard Stanley Smith and United States Industrial Services.

Hartt claims he drove in Jefferson County on Feb. 10 when Smith, who drove a vehicle for United States Industrial Services, struck his vehicle.

Because of the accident, Hartt incurred medical costs, experienced physical pain and suffering and sustained mental anguish, according to the complaint. In addition, he lost earnings, endured physical impairment and incurred property damages to his vehicle, the suit states.

Hartt blames Smith for causing the collision, saying Smith negligently failed to keep a proper lookout, failed to maintain control of the vehicle, drove too fast, failed to apply his brakes, failed to exercise ordinary care and failed to turn his vehicle to avoid a collision.

In addition, Smith negligently failed to maintain a clear distance between his vehicle and Hartt's and drove too fast, the complaint says.

United States Industrial Services should never have entrusted its vehicle to Smith, a reckless and incompetent driver, according to the complaint.

In his complaint, Hartt seeks a judgment in excess of the minimum jurisdictional limits of Jefferson County District Court, plus pre- and post-judgment interest and other relief to which he may be entitled.

B. Adam Terrell of Weller, Green, Toups and Terrell in Beaumont will be representing him.

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

Jefferson County District Court case number: B188-641

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