GALVESTON - In an effort to secure what she believes is crucial documentation, Evelyn Babineaux-Wagner has submitted a motion to compel into her lawsuit against Houston resident Freguy Jean and his employers, ThyssenKrupp Access Manufacturing LLC and Thyssen Krupp Elevator.
Babineaux-Wagner and her husband, Ronald L. Wagner, are suing the defendants 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 ran a red light suddenly and without warning at a high rate of speed at the intersection and struck another vehicle which reportedly had a green light, the suit says.
The suit states the impact caused a pileup which sent Babineaux-Wagner to a Houston hospital. She remained at said hospital for more than 100 days, according to the suit.
Her motion explains that she obtained photographs of some of the contents inside of the van Jean was driving at the time of the subject collision and subsequently 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.
It further argues Babineaux-Wagner repeatedly requested to access the documents in question as well as have her expert collect electronic data from the vehicle to no avail, stating the respondents even ignored her threat of court intervention.
According to the plaintiff, the defendants are delaying discovery.
Case No. 11-cv-800