Two Port Arthur residents have filed suit against the driver who they blame for causing a collision while talking on her cell phone.

Sofia and Martelliano Davis claim they and minor plaintiffs Denzel Cunningham and Skyra Davis were riding in a vehicle traveling on Highway 69 on March 1, 2009, when defendant Tuyet Pham failed to yield the right-of-way at a stop sign and slammed into their vehicle.

"It was clear that the Defendant was using a cell phone at the time of the accident," the suit filed Feb. 16 in Jefferson County District Court states.

Because of the collision, Sofia and Martelliano Davis incurred medical costs and lost earnings, according to the complaint. All of the plaintiffs suffered a diminished earning capacity and sustained physical impairment, pain and mental anguish, the complaint says. Meanwhile, the two minor children suffered from a loss of their parents' consortium, the plaintiffs claim.

Tuyet Pham negligently failed to keep a proper lookout, failed to timely apply the brakes and failed to yield the right-of-way, according to the complaint.

At the time of the collision, Tuyet Pham was driving a car lent to her by co-defendant Khanh Pham, the suit states.

In their complaint, the plaintiffs are seeking unspecified damages, plus interest, costs and other relief the court deems just.

Jonathan C. Juhan of Beaumont will be representing them.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Case No. D189-382

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