Driver sues U-turning cellphone user following crash

By Carol Ostrow | Jul 9, 2015

A Dallas resident filed a lawsuit against an Arizona resident alleging vehicular negligence in a 2013 Collin County, Texas highway collision purportedly resulting in injuries to the plaintiff.

Bernice Rooks filed a complaint against Joy Dee Larson of Phoenix, Ariz., in the Sherman Division of the Eastern District of Texas on July 6, claiming liability in a November 2013 Collinsville automobile collision.

According to the suit, Rooks was operating her vehicle eastbound at or near the 5000 block of state Highway 121 in the city of Plano on Nov. 19, 2013. The suit states that Larson entered the highway from a U-turn lane while using her cell phone.

The complaint states that the defendant failed to yield the right of way and cut across three lanes of traffic directly in front of the plaintiff’s vehicle, causing the plaintiff to collide with the back of her vehicle.

Rooks alleges that Larson failed to keep a proper lookout, pay attention to the roadway, maintain a safe distance, and yield the right of way due to being distracted by her cell phone usage.

Claiming pain and suffering, mental anguish, impairment, lost wages and earning capacity, and medical expenses, the plaintiff seeks compensation for damages, interest, attorney’s fees, expenses and costs. She is represented by Amy Witherite of Eberstein & Witherite in Dallas.

Sherman Division of the Eastern District of Texas case number 4:15-cv-00452.

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