HOUSTON – Mega attorney Steve Mostyn was racing another vehicle in his Ferrari when he caused a wreck, claims a newly amended petition in the lawsuit against him.
In late June, Katherine McGibbon filed suit against Mostyn, accusing the plaintiff’s attorney of speeding and rear-ending her vehicle so violently that he caused it to roll over side-to-side five times.
On Aug. 16 McGibbon amended her petition to allege the attorney was “racing another vehicle in the outside northbound lane of Highway 59” when the collision occurred.
A crash report retrieved from TxDOT shows that Mostyn, founder of the Mostyn Law Firm in Houston, was driving a 2016 Ferrari, color white, at the time of the collision.
The report, written up by the Houston Police Department, charged him with having no insurance and changing lanes when unsafe.
In her amended petition, McGibbon also says she is the sole provider for a special needs child and two other children and has been unable to care for her special needs child in the same manner she used to since the collision.
“In addition, Plaintiff’s injuries will result in future incapacitation which will interfere with her ability to continue working on a full-time basis and to care for her special-needs child and other children in the future,” the petition states.
McGibbon claims she now suffers from severe emotional trauma and experiences post-traumatic stress disorder and asserts her injuries are a result of Mostyn’s gross negligence, entitling her to exemplary damages.
Mostyn answered the lawsuit on Aug. 1, asserting a general denial and pleading further “that any award of punitive damages is arbitrary, unreasonable, (and) excessive.”
The answer further states an award of punitive damages would be “in violation of (Mostyn’s) right to due process of law and equal protection of the law under the Fifth, Eighth and Fourteenth Amendments to the U.S. Constitution and Article 1, Sections 13 and 19 of the Texas Constitution.”
The Law Office of Diane St. Yves in Houston represents her.
Mostyn is represented by Bart Basden, attorney for the Sugar Land law firm Johanson & Fairless.
Harris County District Court case No. 2016-42886