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A woman is putting pressure on a trucking company to release crucial evidence after one of the truck company's employees caused a truck accident in Galveston last year.
Evelyn Babineaux-Wagner and her husband, Ronald L. Wagner, were sitting in traffic on December 8, 2010 when their vehicle was struck by a commercial vehicle owned by ThyssenKrupp Access Manufacturing LLC. The truck’s driver, Freguy Jean, was allegedly speeding to catch a green light when he caused the accident at the intersection of Highways 146 and 646 in Bacliff.
The multi-vehicle crash led to a lawsuit against both the trucking company and driver, as Babineaux-Wagner sustained injuries that required her to be hospitalized for more than 100 days.
Babineaux-Wagner took pictures of Jean’s delivery vehicle after the accident, including the contents of the driving and seating area. During the processing of her suit, she sent a spoliation of evidence notice to the defendants, requiring them not to destroy any documents depicted in the photographs.
According to Babineaux-Wagner, her repeated requests to view these documents and to have her expert collect electronic data from the vehicle have been ignored. After the defendants further ignored her threat of court intervention, Babineaux-Wagner submitted a motion to compel to force ThyssenKrupp to release the information.
Babineaux-Wagner believes that the defendants are delaying discovery in the hopes of discrediting the suit.
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