Family of man killed in 2013 rear-end collision sues driver, alleging negligence

By Kasey Schefflin-Emrich | Oct 2, 2015

The wife and son of a man killed in a 2013 car accident are suing their car insurance company and the Harrison County woman who allegedly caused the fatal accident.

Shui Fang (Lynn) Chao and Vincent Joseph Chao of Louisiana filed a lawsuit Aug. 25 in the U.S. District Court for the Eastern District of Texas-Marshall Division against State Farm Mutual Automobile Insurance Co. and Jennifer Louise Nelson, citing vehicular negligence.

According to the complaint, on around Sept. 20, 2013, the plaintiffs and Yong San Chao were driving westbound on Interstate 20 in Smith County when Nelson rear-ended the plaintiffs' vehicle, which resulted in injuries to the plaintiffs and the death of Yong San Chao.

The suit faults Nelson with failing to keep a proper lookout, not slowing down or maintaining a clear distance between her vehicle and the plaintiff's, and not applying her brakes in a timely manner as to avoid a collision.

The plaintiffs claim they have and will continue to endure physical pain, mental anguish, physical impairment, medical expenses, and lost and future earning capacity.

As indicated in the lawsuit, the plaintiffs were protected by an underinsured motorist insurance policy underwritten by State Farm at the time of the car accident. While their underinsured motorist coverage with State Farm amounts to $100,000 per person, the plaintiffs allege that their damages exceed the coverage limits of Nelson.

The plaintiffs seek damages of more than $500,000, plus court costs and other relief deemed appropriate by the court. They are being represented by G.R. (Randy) Akin of Longview, Texas and Benjamin F. Marshall, IV of Monroe.

U.S. District Court for the Eastern District of Texas-Marshall Division case number 2:15-cv-01456-JRG-RSP.

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