FRESNO — A motorist is suing another vehicle owner and driver, alleging the other driver used an electronic device while driving, causing a crash.
Rachel Kessler filed a complaint Nov. 28 in Fresno County Superior Court against Shawn Gillette, David Phillips and Does 1 through 10, alleging the defendants drove and operated their vehicle in conscious disregard of the safety and rights of other motorists.
According to the complaint, on April 30, while Kessler was traveling at the intersection of Bullard and Chestnut Avenue in Fresno, she was stopped due to a traffic signal. The suit says Kessler, driving a car owned by Phillips, rammed into the back of Kessler's vehicle. The crash was allegedly the result of Gillette driving while texting.
As a result, Kessler says she suffered physical injuries, lost the use of property and incurred medical expenses.
The plaintiff alleges Gillette failed to exercise due care by voluntarily texting and/or using a cellular telephone while driving a vehicle and that he was distracted to the point where his vehicle inexplicably slammed into the another car.
Kessler seeks trial by jury, more than $25,000 for compensatory and punitive damages, plus costs of suit and all other such fair, just and equitable relief. She is represented by attorney Frank M. Nunes of Law Offices of Frank M. Nunes, Inc. in Fresno.
Fresno County Superior Court case number 17CECG04112