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Plaintiffs Allege Negligence Against Motorist in Collision Case

SOUTHEAST TEXAS RECORD

Friday, November 29, 2024

Plaintiffs Allege Negligence Against Motorist in Collision Case

State Court
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In a recent court filing, plaintiffs Alejandro Balado Rivalta and Daniela Martinez Lardueyt have lodged a negligence complaint against Husein Elmasri. The complaint was filed on May 23, 2024, in the District Court of Harris County, Texas.

According to the filing, the incident in question occurred on July 19, 2023. On that day, Alejandro Balado Rivalta was driving his 2014 Blue Nissan Sentra westbound on Richmond Avenue in Houston with Daniela Martinez Lardueyt as a front-seat passenger. At approximately 10:45 A.M., Husein Elmasri, operating a Kia Sedona in the same direction but in an adjacent lane, allegedly made an unsafe lane change at excessive speed and collided violently with Rivalta's vehicle. The plaintiffs assert that Elmasri's negligent actions—including failing to control his speed, not applying brakes timely, and being inattentive—were the sole cause of the collision.

The plaintiffs claim they suffered severe personal injuries due to this accident. Alejandro Balado Rivalta sustained injuries to his neck, right shoulder, and lower back necessitating medical attention. He seeks compensation for past and future medical expenses, physical pain and suffering, physical impairment, mental anguish, lost wages or earning capacity, and costs for future medical monitoring.

Similarly, Daniela Martinez Lardueyt incurred injuries to her right hip, pelvis, and lower back. She also demands recompense for her past and future medical expenses along with claims similar to those of Rivalta—covering physical pain and suffering both past and future, physical impairment past and future, mental anguish past and future, lost wages or earning capacity as well as costs for future medical monitoring.

The plaintiffs are seeking monetary relief exceeding $250,000 but not more than $1 million under Texas Rule of Civil Procedure 47(c). They request that upon final hearing of the case judgment be entered against Husein Elmasri for damages within the jurisdictional limits of the court. Additionally sought are pre-judgment interest from the date of injury through judgment date at maximum allowable rates by law; post-judgment interest at legal rates; court costs; along with any other relief deemed appropriate by law or equity.

Representing Alejandro Balado Rivalta and Daniela Martinez Lardueyt is Kimberly K. Bruno from Bruno Law Group PLLC based in Houston. The case has been assigned Case ID 2024-32691 in Court No. 61 under Judge Marilyn Burgess.

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