Carnival sued after trailer separates from truck and hits a vehicle

MARSHALL - An East Texas woman has filed a personal injury lawsuit after suffering injuries when a trailer carrying carnival equipment detached from a truck and struck her vehicle.

Carol Clayton filed suit against Austin A. McWhorter, Lon McWhorter and Mac's Carnival and Attractions on May 5 in the Eastern District of Texas, Marshall Division.

The incident occurred on May 14, 2009, as Clayton was a passenger in a 2008 Dodge Ram traveling on U.S. Highway 96 in Jasper County.

The suit claims defendant McWhorter was driving a Ford truck and towing a trailer when the trailer became unsecured from the truck and struck Clayton's vehicle. At the time of the accident, defendant McWhorter was in the scope of his employment with Mac's Carnival and Attractions.

Defendant McWhorter is accused of negligence for failing to use safety chains, failing to keep a proper lookout, failing to control the vehicle, failing to safely and properly tow the trailer and failing to act and respond in a reasonable manner.

The defendants are also accused of negligence for entrusting the truck and trailer to an unlicensed, incompetent or reckless driver, for hiring the driver and for failing to properly train defendant McWhorter.

Clayton is seeking damages for medical expenses, physical pain and suffering, mental anguish, physical impairment, physical disfigurement, loss of earning capacity, interest and court costs.

The plaintiff is represented by Marty Young of Goudarzi & Young in Gilmer.

A jury trial is requested.

U.S. District Judge T. John Ward is assigned to the case.

Case No. 2:11-cv-00245