Civil lawsuit filed against driver in Friday fatal accident - KCBD NewsChannel 11 Lubbock

Civil lawsuit filed against driver in Friday fatal accident near 4th and Buddy Holly

By Amber Stegall email | And By James Clark email

LUBBOCK, TX (KCBD) - The family of the victim in the fatal car accident Friday near 4th Street and Buddy Holly Avenue has filed a civil lawsuit against the driver of the other car.   The accident killed Linda Smaltz, 54.

Jeena Elizabeth Roberts, 21, is charged with intoxication manslaughter and intoxicated assault and has since bonded out of jail.

Police say Roberts was speeding Friday night when she rear-ended an SUV. Smaltz, a passenger in the SUV, was ejected and killed. Roberts and her passenger also suffered minor injuries.

Smaltz' daughter, Bethany Vasquez, who was also in the accident, filed a lawsuit against Jeena Roberts, her father Craig Roberts, and his Houston car dealership Rapido Motor Company.

The lawsuit claims Roberts was driving a car owned by Rapido Motor Company. It also claims Roberts was negligent by driving drunk and speeding.

The lawsuit says in part, "Defendant JEENA ELIZAEBTH ROBERT's violation ... was without a legal excuse and there is no legal excuse available under Texas law for intoxication assault or intoxication manslaughter."

The lawsuit also says Roberts "was not only intoxicated, but was driving at more than 80 miles per hour down a busy Lubbock street."  It states Smaltz' family wants a jury to determine the damages.

An employee answering the phone Wednesday evening at Rapido Motors indicated that a manager was not available for comment.  "They're gonna be here tomorrow morning," she said. 

KCBD NewsChannel 11 will follow up with further attempts to give the defendants a chance to comment.

©2010 KCBD NewsChannel 11. All rights reserved.

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