Vehicle passenger blames motorist in another car for causing crash

By Noddy A. Fernandez | Jan 11, 2018

FRESNO — A vehicle passenger is suing the driver of another vehicle, alleging negligent driving caused a crash that injured the plaintiff.

Amber Damko filed a complaint Dec. 18 in Fresno County Superior Court against Amy Lynn Clay,  alleging the defendant failed to operate the vehicle she was driving in a reasonable manner.

According to the complaint, on Dec. 20, 2015, while experiencing heavy traffic congestion at northbound on state Route 41 north of Gettysburg Avenue in Fresno, the vehicle where Damko was a passenger came to a complete stop behind other vehicles. The suit says a 2004 Saturn Ion, driven at a high rate of speed by Clay, struck the rear of Damko's vehicle. 

As a result, Damko says she and her young daughter, another passenger, sustained severe physical injuries, emotional pain and suffering and expenses for medical treatment. 

The plaintiff alleges Clay failed to keep a careful lookout, drove her vehicle at an excessive rate speed and failed to slow her vehicle despite heavy traffic congestion.

Damko seeks trial by jury, compensatory damages in excess of $25,000, plus costs of suit, and all such fair, just and equitable relief. She is represented by attorneys Leonard C. Herr and Alex E. Thompson of Herr Pedersen & Berglund LLP in Visalia.

Fresno County Superior Court case number 17CECG04321

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