Civil trial begins for woman accused of negligence in car wreck
Oct. 17, 2011 at 5:17 a.m.
Updated Oct. 18, 2011 at 5:18 a.m.
A Bloomington family is suing a Victoria woman over injuries sustained in a 2006 wreck.
The trial began Monday.
District Judge Stephen Williams is presiding over the trial.
Plaintiffs Carlos Castro and Patricia Enriquez, and their minor daughter, Alyssa Castro, filed a civil lawsuit against defendant Barbara Newton in district court in November 2008.
In December 2006, the plaintiffs were traveling south on a U.S. Highway 87 feeder road in a 2005 Chevrolet Malibu driven by Carlos Castro, according to the lawsuit.
As Castro steered to the left to enter the southbound entrance ramp onto the highway, the defendant, who was traveling north on the feeder road in her Mercury Mountaineer, allegedly failed to yield to the right-of-way to the plaintiffs' vehicle when she approached the entrance ramp intersection.
Prior to the impact, both parties swerved to opposite sides in an unsuccessful attempt to avoid impact.
The right front end of the defendant's Mountaineer ended up striking the front of the plaintiffs' Malibu.
The lawsuit contends that at the time of the accident, the defendant was allegedly under the influence of alcohol.
The plaintiff's accuse the defendant of being responsible for the accident because she negligently failed to exercise due care to avoid the collision; failed to pay attention to traffic; failed to control the speed of her vehicle; operated her vehicle while under the influence; and she failed to timely apply her brakes to avoid the collision;
As a result of the accident, the plaintiffs have suffered serious personal injuries and property damage.
They are seeking damages for mental anguish, physical impairment, disfigurement, loss of earning capacity and both past and future lost wages.
The plaintiffs are being represented by attorney Bernard T. Klimist.
Newton is being represented by attorney David H. Bradley.