On behalf of her late son Ernest Osborne, Celia Klima has filed suit against Top Gun Wrecker and Jacob Martinez, the driver who allegedly struck Osborne with a tow truck while he was out riding a bicycle.

The suit was filed Jan. 30 in Jefferson County District Court

According to the lawsuit, on Feb. 27, 2010, Martinez, while in the course and scope of his employment with Top Gun Wrecker, was traveling east on Gladys Street in Beaumont when he struck Osborne, who was attempting to cross East Drive on his bicycle.

Osborne was transported to the emergency room at Christus St. Elizabeth Hospital. Four hours later he was pronounced dead.

The suit alleges the incident was caused by the neglect and carelessness of the defendants.

The suit does not say who had the right of way.

Klima is suing for her son's medical and funeral expenses, plus mental anguish.

A police report from the accident shows Osborne was 65 years old at the time of his death.

Attorney John Parsons of the Beaumont law firm Lindsay Lindsay & Parsons represents her.

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

Case No. B191-832

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