Defendants in repo man lawsuit refute plaintiffs' allegations

By John Suayan, Galveston Bureau | Sep 10, 2012

GALVESTON - Three of the four defendants in a $1.5 million lawsuit stemming from an alleged struggle between a Galveston man and a tow truck driver have submitted original answers, recent court records show.

Alvin resident Buddy Lee Gonzales, South Texas Recovery Inc. and Vasut's Body Shop Inc. entered documentation Sept. 5 formally refuting Charles Miller and Silvana Fox's allegations.

Co-defendant VW Credit Inc. did not offer a response.

The couple is suing Gonzales and the businesses over physical injuries he supposedly sustained as he tried to stop his mother's car from being repossessed.

According to the plaintiff's original petition filed Aug. 14, 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, stating he "feared for his life" as his finger was trapped by the driver's side door while the man sped away.

The suit adds Miller was forced to smash the driver's window so he could free himself, but "the wrecker ran over (his) leg" after he fell to the ground.

In their answers, the defendants counter they "owe the plaintiffs no duty under the facts and circumstances of the alleged incident."

"(The) plaintiffs' damages, if any, were solely, or alternatively, partly, the result of Charles Miller's own actions," they assert.

South Texas Recovery and Vasut's Body Shop insist "they are not proper parties to this litigation, and have been wrongfully sued."

The defendants are represented by attorney Patrick N. Smith with Ramsey & Murray P.C. in Houston.

Case No. 12-cv-1803

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