$500K suit alleges driver was high at time of wreck

Michelle Massey, East Texas Bureau Dec. 13, 2007, 5:00am

MARSHALL � Emory resident Berta Stuart is seeking more than $500,000 from an Oklahoma resident and his employer alleging the man was high on marijuana when he struck her vehicle.

Stuart sued Todd Blaylock and his employer Paul Transportation, Inc., after a car wreck on June 2, 2006, in which Stuart asserts Blaylock was in possession and under the influence of marijuana.

Stuart states that while traveling on U.S. 69, she signaled and attempted to make a left turn but Blaylock tried to pass her on the left and hit her vehicle.

The suit states Blaylock failed to exercise ordinary care and is negligent for failing to timely apply his brakes, not maintaining a proper lookout, making an unsafe and improper lane change, and failing to pass safely.

The plaintiff contends the Oklahoma based company, Paul Transportation, Inc., is responsible under the theory of Respondeat Superior for the employee's actions and thus, is negligent for failing to properly train and supervise Blaylock.

In addition, the plaintiff asserts both of thee defendants are liable for gross negligence through her assertion that Blaylock was in possession and under the influence of a controlled substance at the time of the collision.

The suit seeks more than $500,000 in damages for past and future medical expenses, physical pain and suffering, mental anguish, loss of earning capacity, disfigurement, and physical impairment.

The plaintiff is represented by Tyler attorneys Matthew Flanery and Darren Grant of the law firm Grant and Flanery, P.C. and attorney Brandon Ramsey of the law firm Loncar and Associates

Stuart is demanding a trial by jury. Judge T. John Ward has referred the litigation to Magistrate Judge Charles Everingham.

Case No.: 2:07cv00535

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