Wheelchair bound man sues motorist who allegedly ran into him

By Kyle Barnett | Oct 3, 2014

GRETNA – A motorist is being sued for allegedly injuring a man after striking him with a car as he was crossing the street in a wheelchair.

Eric Girtley filed suit against Robert Henry I. Pastor,, the City of Kenner, Entergy Louisiana LLC and Ace American Insurance Company in the 24th Judicial District Court on Aug. 11.

Girtley alleges that on Aug. 31, 2013 he was in his wheelchair in a crosswalk at 3100 Loyola Blvd. in Kenner when Girtley ran into him with his car. The plaintiff asserts that the defendant was operating his vehicle at an excessive rate of speed and the lighting in the area was poor at the time of the incident due to the failure of a streetlight under the control of Entergy. In addition, Girtley claims that while a brick crosswalk had been constructed by the City of Kenner, it had failed to paint white lines properly marking the area.

The plaintiff contends he received severe injuries, including multiple fractures, in the incident.

The defendant is accused of failing to maintain reasonable and proper control of the vehicle, operating the vehicle in a negligent manner, operating the vehicle at an excessive rate of speed, failing to yield the right of way to a pedestrian and failing to see what should have been seen.

An unspecified amount in damages is sought for mental anguish, physical suffering, loss of enjoyment of life and medical expenses.

Girtley is represented by Daniel B. Snellings of New Orleans.

The case has been assigned to Division K Judge Ellen Shirer Kovach.

Case no. 741-129.

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