Lawsuit claims drunk driver collides into horse trailer

Michelle Massey Jun. 11, 2010, 3:54am


A Louisiana couple has filed a personal injury lawsuit after the horse trailer they were hauling was hit by an allegedly drunk driver.

Robyn Green and Robert Green filed suit against Myrio Cotton and Chappell Insurance Services April 30 in Washington Parish District Court. The defendant removed the case to federal court in New Orleans May 25.

The Greens say they were driving down Highway 10 in a Dodge Ram and pulling a horse trailer when another driver crashed his vehicle into the side of the trailer.

According to the complaint, the other driver, Myrio Cotton, was under the influence of alcohol at the time of the crash. After hitting Green's trailer, Cotton allegedly hit a second vehicle. Robin Green says the crash caused injuries to her back and neck and is to blame for recurring headaches.

The plaintiffs accuse the defendant of negligence and fault for operating a motor vehicle under the influence of alcohol, failing to keep a proper lookout and keep his vehicle under control, driving at excessive speeds, crossing the center line of the roadway, failing to keep the vehicle within his lane of travel and operating a vehicle in a wanton and/or with reckless disregard for the rights and safety of others while intoxicated.

Defendant Chappell Insurance Services, Inc. is accused of violating Louisiana statutes by arbitrarily, capriciously and without probable cause, failing to pay all the property damage benefits under the policy.

Robyn Green is seeking damages for physical pain and suffering, loss of enjoyment of life, severe mental pain, medical expenses, loss of income and impaired earning capacity, property damage and loss of use, diminished value and rental value of the horse trailer.

Robert Green is seeking damages for loss of love, affection, aid, assistance, sexual relations, society, and performance of material services, fidelity and financial support.

Baton Rouge attorney Michael C. Davis of Davis Law Firm is representing the Greens.

U.S. District Court Judge Helen G. Berrigan is assigned to the case.

Case No. 2:10cv01565

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