GALVESTON - A Galveston County woman claims she was in a car accident with a driver who was talking on a cell phone, recent court documents say.
Glenda Sears's lawsuit alleges that Katherine Lee Palmer used her phone while driving on FM 646 on Sept. 18, 2010, and was distracted to the point she caused a collision with the plaintiff.
The suit was filed May 2 in Galveston County District Court.
The complainant, whose young daughter is also a plaintiff in the case, states she stopped for traffic that was slowing down ahead of her. Meanwhile, the defendant was traveling behind them.
"Without any warning, the defendant Palmer failed to control her speed and collided with the back of Ms. Sears's vehicle," the original petition says.
"The collision caused significant damage to both vehicles."
It points out that Sears and her child sustained injuries and insists the elder Sears acted reasonable and prudent behind the wheel.
Palmer is faulted for failing to operate her vehicle in a safe manner, failing to control the speed of her vehicle, failing to stop at the proper place and failing to take cautionary steps to avoid a collision.
Consequently, the plaintiffs seek unspecified monetary damages.
They are represented by attorney Tom Gehring of Austin.
The case has been assigned Galveston County 212th District Court Judge Susan Criss.
Case No. 11-cv-0723