Suit filed after backhoe strikes vehicle

By John Suayan, Galveston Bureau | Aug 6, 2011

GALVESTON - AAA Texas County Mutual Insurance Co. seeks approximately $7,000 from a Humble man and his employer in response to a vehicular accident three months ago with one of its clients.

According to a lawsuit filed July 25 in Galveston County Court at Law No. 1, Juan Macias with Huff & Mitchell Inc. collided with policyholder James Cunningham's vehicle in the 900 block of First Street in Santa Fe the morning of last April 1.

Macias rotated a backhoe into the right panel of the vehicle, according to the original petition.

It adds "a police investigation conducted at the scene of the accident determined that Macias's inattentiveness was the cause of the accident."

"As a result of the negligent conduct of the defendants, the plaintiff's insured was caused to incur damages which were paid by the plaintiff under the terms of a policy of insurance existing between the plaintiff and its insured, thereby subrogating the plaintiff to its insured's right of recovery therefore," the suit says.

The complainant accuses Macias of failing to maintain a proper lookout and in encroaching traffic in the adjacent travel lane and faults Huff & Mitchell for failing to provide proper flagging and supervision of Macias's work.

It estimates that Cunningham incurred a total of $6,797.39 in damages, including $5,829.47 in cost of repair damages and $962.92 loss of use/rental expense damages.

The Fusselman Law Firm, P.C. is representing AAA, and Galveston County Court at Law No. 1 Judge John Grady is presiding over the case.

Cause No. 65,703

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