Motorist sues young driver over Dickinson crash

GALVESTON � Dickinson resident Gary W. Hall is suing San Leon natives Pamela and Jessica Wagner in response to a car crash two years ago.

A lawsuit filed March 31 in Galveston County District Court claims Jessica Wagner rear-ended Hall's vehicle in Dickinson on April 16, 2009. Jessica Wagner was driving a vehicle owned by Pamela Wagner at the time of the incident.

Court papers show Hall and Wagner were both traveling westbound on Hughes Road. Hall says he was in the process of turning onto another street when the collision occurred.

"The plaintiff activated his blinker and slowed to a stop so that he could make a left turn on Melody Lane, when suddenly and without warning, the plaintiff was struck with great force and violence by a vehicle owned by Pamela Wagner and driven by the defendant, Jessica Wagner, in the rear end of the vehicle in which Gary W. Hall was driving," the original petition says.

"As a direct and proximate cause of the accident, the plaintiff, Gary W. Hall, sustained severe injuries."

Hall blames Wagner for failing to yield the right-of-way, failing to timely apply the brakes, failing to maintain a proper lookout, failing to maintain proper control of the vehicle, failing to turn the vehicle to avoid the collision and driving at a rate of speed not allowed under the law.

Pamela Wagner is blamed for negligently entrusting her vehicle to Jessica despite knowledge that she "was inexperienced and reckless because of her age and experience at the time of the accident."

Hall seeks compensation for physical pain and suffering, mental anguish, lost wages and earning capacity as well as a jury trial.

He is represented by Bettison, Doyle, Apffel & Guarino P.C.

The case has been assigned to Galveston County 56th District Court Judge Lonnie Cox.

Case No. 11-cv-0549