A seriously injured passenger has filed a lawsuit against a co-worker, who fell asleep while driving causing a high speed, head-on collision.
Everett Chad Ganier filed suit against Ford Motor Co., Inner Parish Security Corp., Darryl J. Batiste and ABC Insurer on Feb. 3, 2011 in Jefferson Parish District Court. The defendant removed the case to federal court in New Orleans on March 16.
According to the lawsuit, Ganier was injured in a car accident on Sept. 14, 2010, while riding as a passenger in a vehicle driven by Darryl Batiste and owned by defendant Inner Parish Security Corp.
Ganier states Batiste was speeding while driving the car and then fell asleep while driving. When Batiste awoke, he grabbed the wheel, causing the vehicle to swerve, before crossing the median and striking several vehicles in a high speed, head-on collision.
Batiste states his injuries were compounded when the seat belt in the Ford Taurus failed to function properly. The seat belt allegedly was loose, the lawsuit states.
The plaintiff is seeking damages for bodily injury, physical pain and mental anguish, severe emotional distress, loss of capacity for the enjoyment of life, medical expenses, loss of ability to earn money and of actual earnings, loss of consortium, mental distress, embarrassment, humiliation, interest and court costs.
Ganier is represented by John M. Mezaruaps of The Mezaraups Law Firm in Slidell.
U.S. District Judge Ivan L. R. Lemelle is assigned to the case.
Case No. 2:11-cv-00595