Tractor-trailer fails to yield and collides into vehicle on Jefferson Highway

Michelle Massey Dec. 7, 2010, 5:57am

Jefferson Parish residents filed a lawsuit against a trucking company after a tractor-trailer failed to yield at a stop sign on Jefferson Highway and collided into their vehicle.

Donna F. Santangelo and Vincent Santangelo filed suit against Westfield Insurance Co., OFR Trucking Inc. and Robert W. Belville on Dec. 3 in federal court in New Orleans.

The accident occurred March 1 as Donna Santangelo was driving a 1995 BMW and proceeding east on Jefferson Highway. Santangelo was struck by a 2007 Freightliner driven by Robert W. Belville, which was turning onto Jefferson Highway.

Santangelo was thrown about the car and suffered multiple personal, psychological and emotional injuries, the complaint states.

Defendant Belville is accused of negligence for failing to maintain a proper look-out, failing to yield the right of way, failing to observe existing traffic conditions, failing to observe complainant's vehicle in due time in order to avoid hitting the vehicle, striking the vehicle, inattentiveness, driving while exhausted, sleepy or fatigued, improper right/left turn, having a passenger in a truck who distracted the driver, failing to make sure the roadway is safe to proceed from stop sign, crossing dividing/center line of highway and for violating other rules, regulations or statutes.

Defendant OFR Trucking is accused of negligence for failing to properly select, train or supervise its drivers, allowing an unqualified or reckless driver to remain on the road, failing to develop and implement safety policies and procedures, for allowing their driver to operate a motor vehicle while experiencing sleep deprivation or fatigue and for failing to provide remedial training of their driver.

Donna Santangelo is seeking damages for physical pain, suffering, discomfort, mental anguish, aggravation, annoyance, disability, medical expenses, property damage, loss of use of vehicle, loss of enjoyment of life, loss of use/function of parts of body, bodily disability, impairment of psychological functioning, disability from engaging in recreation. Vincent Santangelo is seeking damages for loss of consortium, grief, mental anguish and loss of support.

Santangelo is represented by Michael Hingle of Michael Hingle & Associates in Slidell.

U.S. District Judge Ivan L. R. Lemelle is assigned to the case.

Case No. 2:10-cv-04456

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