Woman carrying baby sues after driver backs up and hits them

By David Yates | Jun 8, 2011

Port Arthur resident Florence Payton is claiming a motorist backed his car into her while she was carrying her baby.

Payton filed suit against David and Caridad Martinez on June 3 in Jefferson County District Court.

According to the lawsuit, on June 20, 2009, Payton was carrying her 25-month old baby in a private parking lot in Port Arthur when David Martinez, who was driving a vehicle owned and insured by Caridad Martinez, "backed when unsafe, slamming into plaintiff."

The suit accuses David of negligently failing to keep a proper lookout and faults Caridad with negligent entrustment.

Payton is suing for her and her child's alleged past and future medical expenses, mental anguish, pain, impairment, and disfigurement, plus all court costs.

Beaumont attorney Jonathan Juhan represents them.

Judge Gary Sanderson, 6oth District Court, has been assigned to the case.

Case No. B190-208

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