MARTINSBURG – The Pennsylvania administrator of a man's estate has filed suit against an Allentown, Penn., woman, alleging the man died after a collision.
Luis R. Diaz claims Michael L. Diaz died after a Dec. 26, 2006, collision on Interstate 81 near Falling Waters in Berkeley County, according to the complaint filed Dec. 17 in Berkeley Circuit Court.
Michael L. Diaz was riding in a 2002 Saturn when Teresa Cordero, the Allentown woman, lost control of the vehicle she was driving, traveled into the median, struck a guardrail and re-entered the traffic lanes, the suit states.
Cordero's mishap caused the chain-reaction accident in which Michael L. Diaz was killed, Luis R. Diaz claims.
Before his death, Michael L. Diaz suffered extreme physical and mental pain and suffering, fright and terror, according to the complaint.
Luis R. Diaz incurred medical bills of $2,700 and funeral and burial expenses of $5,800 and incurred a lost earning capacity, the suit states.
In addition, Michael L. Diaz's heirs-at-law and beneficiaries have lost his society, companionship, comfort, guidance, kindly offices, advise, services, protection, care and assistance and will suffer mental anguish and solace, Luis R. Diaz claims.
Cordero was negligent by failing to maintain control of her vehicle, by failing to keep a proper lookout, by failing to drive in a manner to avoid a collision, by driving too fast for road conditions, by driving in excess of the speed limits and by driving in a reckless fashion, according to the complaint.
Luis R. Diaz is seeking unspecified punitive damages, plus pre- and post judgment interest, attorneys' fees, costs and other relief the court deems just.
Terrance L. Britt and Bradley J. Reed of Britt-Reed Law Offices in Martinsburg will be representing her.
Berkeley Circuit Court case number: 08-C-1440