Grandparents seek damages after van rolls on top of granddaughter

By Kelly Holleran | Oct 20, 2014

The grandparents of a minor child have filed suit against the hospital driver who allegedly caused a collision in which their granddaughter was ejected and crushed by the van.

Bruce and Ingrid Doss claim their granddaughter, Samantha Cain, was riding in a van owned by defendant Land Manor and driven by defendant Cynthia Marie Ozen on June 2.

Ozen had stopped the van at the intersection of FM 485 and U.S. Highway 77 when another vehicle approached the same intersection. Ozen allegedly failed to yield the right-of-way and caused a collision, according to the complaint filed Aug. 29 in Jefferson County District Court.

"As a result of the impact, the van driven by Ozen rolled over and ejected Samantha Cain onto the roadway," the suit states. "The van came to rest lying Samantha Cain and another passenger who was ejected from the vehicle."

At the time of the collision, Ozen was not wearing her corrective lenses and also stated that she did not sleep well the night before, the Dosses claim.

Because of the collision, Cain endured physical pain and suffering, suffered mental anguish and physical impairment and incurred medical costs, her grandparents allege. She also lost her earning capacity and suffered disfigurement, according to the complaint.

Ozen negligently failed to control her speed to avoid a collision, failed to maintain a safe distance, failed to yield the right-of-way, failed to observe traffic patterns, drove without wearing corrective lenses, drove while fatigued, failed to maintain a proper lookout and failed to timely apply her brakes, the suit states.

Land Manor negligently hired Ozen, failed to train Ozen, failed to test Ozen to ensure she was a safe driver, allowed Ozen to drive while she was tired, allowed Ozen to drive without corrective lenses and directed Ozen to transport people without them wearing seat belts, the complaint says.

In their complaint, the Dosses seek damages in excess of the minimum jurisdictional limits of the court, plus costs, pre- and post-judgment interest and other relief the court deems just.

D. Scott Carlile and Casey Q. Carlile of The Carlile Law Firm LLP in Marshall will represent them.

Jefferson County District Court case number: B196-070

This is a report on a civil lawsuit filed at Jefferson County District Court. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it represents only one side of the story.

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