GALVESTON — A Harris County woman is suing a driver and State Farm, alleging negligence and failure to perform contractual obligations. 

Suzette Pena filed a lawsuit July 27 in Galveston County District Court against Rodney McGinnis and State Farm Mutual Automobile Insurance Company, alleging negligence, breach of duty of good faith and fair dealing.

According to the complaint, on May 25, 2015, Pena was traveling westbound on Seawall Boulevard in Galveston County while McGinnis, an uninsured driver, was traveling from the opposite direction. The suit says while attempting to turn north onto 81st Street, McGinnis collided with Pena's vehicle, causing it to roll over several times. 

As a result of the accident, the lawsuit states, Pena suffered property damages and bodily injuries. The plaintiff alleges McGinnis drove while intoxicated, failed to operate the vehicle safely and failed to keep a proper lookout. The suit says State Farm has failed to timely pay the money it offered.

Pena seeks trial by jury, monetary relief between $200,000 and $1 million, damages, penalties, costs, expenses, pre-judgment interest, attorney fees and all other relief to which she is entitled. She is represented by attorneys Kiernan McAlpine and John Arthur Daspit of Daspit Law Firm in Houston.

Galveston County District Court Case number 16-CV-0868

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