SOUTHEAST TEXAS RECORD

Two Texas residents have filed suit against the driver who they claim struck them while they were walking down the street.

Roberto Griffith and Arturo Catuy filed a lawsuit Sept. 12 in Jefferson County District Court against Michelle Ortiz. 

In their complaint, Griffith and Catuy claim they were walking south in the far west lane of Woodrow Avenue in Port Arthur on Feb. 16, 2013, when Ortiz, who drove south on the same road, struck them.

Because of the collision, the plaintiffs experienced physical pain and suffering, endured mental anguish and physical impairment and lost their earning capacities, the suit states. They also incurred medical costs, the complaint says.

The plaintiffs blame Ortiz for causing the collision, saying he failed to timely apply his brakes, failed to maintain a proper lookout, failed to drive in a safe manner, failed to keep a safe distance, failed to take evasive action and failed to control his speed. He also failed to stay in a single lane and failed to yield the right-of-way to pedestrians, according to the complaint.

Griffith and Catuy are seeking an unspecified judgment, plus interest at the legal rate, costs and other relief the court deems just.

Tom Oxford of Waldman Smallwood in Beaumont will be representing them.

The case has been assigned to Judge Donald Floyd, 172^nd District