GALVESTON - To secure what she believes is crucial documentation, Evelyn Babineaux-Wagner has submitted a motion to compel in her suit over multi-vehicle crash.
Babineaux-Wagner and her husband, Ronald L. Wagner, sued Houston resident Freguy Jean and his employers, ThyssenKrupp Access Manufacturing LLC and Thyssen Krupp Elevator.
Babineaux-Wagner and Ronald L. Wagner are suing the respondents over a multiple-vehicle accident in Bacliff last December.
The original petition, filed May 17 before the Galveston County 122nd District Court, states Jean was on the clock for ThyssenKrupp on Dec. 8, 2010, when he caused a wreck at the corners of Highways 146 and 646 which injured Babineaux-Wagner, who was a passenger in a vehicle driven by her spouse.
The plaintiffs' vehicle was waiting at a traffic stop when Jean allegedly ran a red light at a high rate of speed at the intersection and struck another vehicle which reportedly had a green light, the suit says.
The plaintiffs claim the impact caused a pileup which sent Babineaux-Wagner to a Houston hospital for more than 100 days, according to the suit.
The recent motion states that she obtained photographs of some of the contents inside of the van Jean was driving at the time of the collision and sent a spoliation of evidence notice to the defendants in an effort to get them to consent to preserving the documents depicted in the photographs.
Babineaux-Wagner claims she repeatedly requested access to the documents and have her expert collect electronic data from the vehicle to no avail. She states the defendants ignored her threat of court intervention.
According to the complainant, the defendants are delaying discovery.
Case No. 11-cv-800