Vehicle forced to collide into 18-wheeler, lawsuit alleges

Michelle Massey Sep. 17, 2010, 9:45am

A St. Charles Parish resident has filed a lawsuit against the employer of a truck driver after the driver made an illegal turn and allegedly caused a collision.

Rebecca Brawner filed suit against Robert A. Chismar, Werner Enterprises and Ace American Insurance Co. Aug. 18 in St. John the Baptist Parish District Court. The defendants removed the case to federal court in New Orleans on Sept. 9.

The crash occurred in September 2009, as Brawner was traveling south on Highway 51 in her 2002 Kia Sportage. She states she was in the left hand lane when an 18-wheel truck driven by Chismar attempted to make a left hand turn to get onto the I-10 on-ramp. The driver allegedly failed to yield to Brawner, causing her to hit the big rig. Brawner states the crash caused injuries to her back.

Chismar is accused of disregarding a traffic signal, careless and reckless operation of a motor vehicle and failing to maintain a proper lookout. He is also accused of failing to maintain control of his vehicle or yield the right of way.

Chismar was working at the time of the crash and therefore, Werner Enterprises is being held responsible for his actions and negligence.

Brawner is seeking damages for property damage, loss of use, rental charges, depreciation of the vehicle, towing charges, storage charges, transportation expenses, loss of insurability, medical expenses, physical pain and suffering, mental anguish, lost wages, loss of earning capacity and interest.

The plaintiff is represented by Gerald Leydecker, Craig Leydecker and James Leydecker in Metairie.

U.S. District Judge Stanwood R. Duval Jr. is assigned to the case.

Case No. 2:10cv02973

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