Seeking an award of exemplary damages, Katherine McGibbon filed suit against John Steven Mostyn, founder of the Mostyn Law Firm in Houston, on June 23 in Harris County District Court.
Mostyn, one of biggest donors to Democrats in Texas, has made hundreds of millions of dollars suing insurers after major weather events.
According to the lawsuit, on April 9, around 9 p.m., McGibbon was traveling in the outside northbound lane of Highway 59 near the Shepherd exit when Mostyn approached her from behind at a high rate of speed.
“Mostyn slammed into the rear of McGibbon’s vehicle with such a violent impact that it caused her vehicle to roll over side-to-side five times,” the suit states.
“As a result of the high speed Mostyn was traveling, the impact was so extraordinary that McGibbon has suffered serious and permanent injuries, the extent of which has not yet been determined.”
In her suit, McGibbon says she was unable to work for several weeks and has been limited in her ability to work since returning, as she suffered injuries to her back, neck and hip.
McGibbon also says she suffers from severe emotional trauma and experiences post-traumatic stress disorder as the “result of the violent collision,” the suit states.
Mostyn is accused of negligently following McGibbon’s vehicle too closely, driving at a rate of speed greater than a person of ordinary prudence would have and negligently failing to keep a proper lookout.
McGibbon asserts her injuries are a result of Mostyn’s gross negligence, entitling her to exemplary damages.
She is also suing for her property damage, physical pain, mental anguish, impairment, lost wages and medical expenses.
The Law Office of Diane St. Yves in Houston represents her.
Mostyn refuses to comment on articles produced by the Record.
Case No. 2016-42886