Amended petition added to Dickinson woman's lawsuit against alleged drunk driver

GALVESTON - An amended petition was entered into a Dickinson woman's lawsuit over a two-vehicle accident she claims was caused by a drunk driver, recent court records show. 

Maria Moreno is suing Mary Benitez, also of Dickinson, for $1 million in response to the March 10, 2012, incident in question.

Moreno's suit, filed Sept. 25, 2012, before the Galveston County 405th District Court, asserts that Benitez rear-ended the complainant and her minor passenger at the intersection of Highway 3 and FM 646 in League City.

According to the suit, Moreno was driving southbound on Highway 3 and came to a stop at the intersection with plans to turn eastbound onto FM 646 “when the defendant came from behind and collided in the rear.”

It adds the respondent “seemed to be in a daze and out of sorts and was observed to not be walking as if she were sober,” alleging she got into her vehicle and fled the scene upon learning that the police were coming.

Meanwhile, Moreno and the child were reported to have sustained injuries to their necks, shoulders, arms, backs and other parts of their bodies.

Benitez formally denied the allegations in January.

The revised complaint says the defendant's supposed actions are a felony violation of the Texas Penal Code as she "was operating a motor vehicle in a public place while intoxicated causing serious bodily injury to the plaintiffs."

Attorney Stephen D. Bain of Bain & Barkley in Sugar Land is representing Benitez.

Case No. 12-CV-2081