Driver failed to yield, accident suit claims

By Michelle Massey | Apr 23, 2010

Angel Foster of St. Tammany Parish filed a personal injury lawsuit against Sandra J. Smith, Michael Charles, B & M Towing Co. and Performance Insurance on April 21 in Orleans Parish District Court over an accident that occurred May 4, 2008.

According to the complaint, the vehicle that struck the plaintiff at the intersection of North Galvez Street and Orleans Avenue was operated by Smith and owned by Charles and/or B & M Towing, the suit states.

Foster claims the defendants are negligent for failing to see what they should have seen, failing to keep a good lookout, failing to maintain proper control of the vehicle, driving at an unreasonable speed and failure to yield.

The plaintiff is seeking damages past and future physical pain and suffering, mental pain and suffering, rental expenses, property damages, loss of use and/or depreciation of vehicle, medical expenses, lost earnings, loss of future earning capacity, permanent disability, loss of consortium, loss of enjoyment of life, penalties, attorney's fees and interest.

Attorneys Edward J. Womac, Jr., Jason F. Giles, Brian King, Matthew Sutton, Brian J. Branch, Douglas J. Womac, Jr., Christopher Williamson, and Anthony J. Milazzo, III of Edward J. Womac, Jr. & Associates of New Orleans are representing the plaintiff.

Jury trial is requested.

Judge Sidney H. Cates IV is assigned to the case.

Case No. 10-4010

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