GALVESTON - Pasadena resident Michele Vandiver claims League City local Margaret Kathleen Smith injured her and her minor daughter in a one-vehicle accident in League City.

According to a lawsuit filed Aug. 8 in Galveston County District Court, the defendant drove her vehicle into the front of a Payless Shoe Source in League City and struck the plaintiff and the child on Nov. 13, 2011.

Vandiver's daughter is also a complainant in the suit.

The original petition asserts that Smith drove in the parking lot of the aforementioned business "in a careless and negligent manner" prior to the alleged incident.

"The defendant accelerated over the sidewalk and drove through the front door coming to rest inside the store, and caused the occurrence in question and the injuries and damages described herein," the suit says.

Vandiver says the apparent impact inflicted injuries to her left knee, right foot and her general body while her daughter sustained abrasions, foot and general bodily injuries.

The suit blames Smith for:

  • Failing to keep a proper lookout;
  • Failing to apply her brakes;
  • Failing to properly attend to, maintain and control her vehicle; and
  • Accelerating when she should have braked.

    Consequently, the complainants seek unspecified monetary damages.

    They are represented by attorney Kevin O'Malley of Houston.

    Galveston County 10th District Court Judge David Garner is presiding over the litigation.

    Case No. 12-cv-1785

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