ST. LOUIS — A driver is suing another motorist, citing alleged driving while intoxicated.

Marlon Herrerra filed a complaint Aug. 11 in the U.S. District Court for the Eastern District of Missouri Eastern Division against Daniel Fisher, alleging that the defendant failed his duty to exercise the highest degree of care for the safety of other persons.

According to the complaint, on Dec. 25, the plaintiff's vehicle was stopped at red light at the intersection of Rock Hill and Gravois roads when his vehicle rear-ended by defendant Fisher. As a result, Herrerra claims he suffered physical injuries and emotional distress and incurred medical expenses. 

The plaintiff holds Fisher responsible because the defendant allegedly fell asleep while operating his vehicle, drove while intoxicated, failed to stop at a signal and drove at an excessive speed.

The plaintiff requests a trial by jury and seeks judgment in a sum in excess of $75,000 together with costs expended, pre and post-judgment interest, punitive damages, and for any further relief the Court deems just and proper. He is represented by John G. Simon and John M. Simon of The Simon Law Firm PC in St. Louis.

U.S. District Court for the Eastern District of Missouri Eastern Division case number 4:17-cv-02245-DDN

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