Distracted driver caused accident, suit claims

Michelle Massey Apr. 26, 2010, 5:00am

A driver allegedly distracted by loud music, cell phone usage or eating while driving is being sued over an accident that occurred on Claiborne Avenue near Louisa Street on June 16, 2009.

Shedrick Usand-Burton claims he was rear-ended then forced into the vehicle in front of him, causing property damage to the rear and front of his vehicle.

He filed suit against Thomas Andrews on April 22 in Orleans Parish District Court. Co-defendants include USAgencies Casualty Insurance Co. and State Farm Fire and Casualty Insurance Co.

Usand-Burton claims Andrews was negligent for failing to keep a proper lookout, failing to keep his vehicle under control, operating his vehicle at an excessive unsafe speed, failing to stop his vehicle, failing to sound a warning of his approach, failing to exercise proper caution and violating traffic laws.

The suit also claims that Andrews was driving at an excessive speed, tailgating, being inattentive, and made incorrect assumptions about other drivers.

Usand-Burton claims the wreck caused injuries to his low back, neck, shoulders and right ankle. He claims he suffers from headaches.

He is seeking damages for pain and suffering, mental anguish, inconvenience, humiliation, frustration, loss and/or restriction of activity and the enjoyment of life, medical transportation, medical expenses, loss of wages and earning capacity, property damages, interest and court costs.

New Orleans attorney Ford T. Hardy, Jr. is representing the plaintiffs. Jury trial is requested.

Chief Judge Lloyd J. Medley is assigned to the case.

Case No. 10-4047

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