GALVESTON - Galveston resident Charles Miller has filed a $1.5 million lawsuit alleging he sustained physical injuries as he tried to stop his mother's car from being repossessed.
Miller filed suit against South Texas Recovery Inc., Vasut's Body Shop Inc., VW Credit Inc. and Alvin local Buddy Lee Gonzales on Aug. 14 in Galveston County District Court. Miller's wife, Silvana Fox, is also a plaintiff in the case.
The suit alleges Gonzales, as an employee of the three other defendants, tried to seize a Mercedes Benz belonging to Miller's mother at the plaintiff's apartment on Oct. 26, 2011. Miller claims Gonzales ran over his leg with a tow truck.
According to the suit, Gonzales came toward Miller with a metal bar and swung "several times."
Miller states he disarmed Gonzales and was informed about the repossession orders for the Mercedes, which the tow truck driver then said he would "drop."
According to the original petition, Gonzales "suddenly darted" into the cab with Miller trying to stop him by grabbing the driver's side door.
Miller, however, had the door shut on his finger and was made to run alongside the vehicle as Gonzales drove away increasing his speed, the suit alleges.
Miller claims he "feared for his life" so he smashed the driver's window and opened the door, adding he fell to the ground afterwards "and the wrecker ran over (his) leg."
He asserts the event in question was a "breach of the peace."
A jury trial is requested.
Attorney Michael G. Martinez of Friendswood is representing Miller and his spouse.
Galveston County 56th District Court Judge Lonnie Cox is presiding over the case.
Case No. 12-cv-1803