Parents sue driver, insurance company to reclaim damages in child’s accident

By Carol Ostrow | Jul 28, 2015

A Dickinson couple is suing their own insurance company and a driver who allegedly struck their child while she was crossing a Galveston County street in 2014.

Andrew Rourke and Donel Rourke filed a lawsuit individually and as next friend to their minor child against Alonzo Goings Jr. and United Services Automobile Association (USAA) in Galveston County District Court on July 9, claiming vehicular negligence in a September 2014 accident.

According to the suit, Goings’ vehicle struck the minor pedestrian as she was crossing the road at the 2850 block of Bay Creek Drive near FM 646 in League City on Sept. 22, 2014.

The complaint states that the defendant failed to keep a proper lookout, apply brakes in a timely manner, control his speed and his vehicle, and turn to avoid impact. The child’s parents claim that she has suffered pain, anguish, impairment, and disfigurement, and that the accident subjected them to medical expenses.

Claiming damages in excess of the minimum jurisdictional amount, the Rourkes aver that their policy carrier, USAA, has tendered its limits of insurance coverage to them.

The plaintiff seeks compensation, attorney’s fees, expenses, and costs. The plaintiffs are self-represented.

Galveston County District Court case number 15-CV-0699.

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