Family sues post office over auto collision with mail truck

Michelle Massey, East Texas Bureau Feb. 4, 2009, 6:23am

MARSHALL-- While on his delivery route, postman James Robert Taylor Jr. allegedly ran through an intersection colliding with a vehicle carrying two minors. The family is suing the U.S. Postal Service claiming it is responsible Taylor's actions as his employer.

Kevin and Leslie Wilson, individually and as next friend of Colby and James Wilson, filed the motor vehicle personal injury lawsuit against the post office on Jan. 29 in the Marshall Division of the Eastern District of Texas.

The Wilsons were traveling around the square in Carthage, Texas, and when they approached a green light, they proceeded through the intersection. According to the lawsuit, Taylor's postal truck failed to stop at a stop light and collided with the Wilson's vehicle.

The lawsuit asserts the U.S. Postal Service is liable for Taylor's actions as he was within the scope of his employment as he was on his regular mail route.

The plaintiffs state Taylor committed acts of carelessness, negligence, and negligence per se which were the cause of the accident.

The family is seeking damages for health care expenses, physical pain and suffering, mental anguish, physical disability and impairment, disfigurement, lost wages, loss of consortium, loss of household services, loss of use of his truck, other property damage and other incidental damages.

Marshall attorney Mike C. Miller and Lisa M. Andrews of the Law Office of Mike C. Miller, P.C. and Carthage attorney R. Collin Underwood of the Underwood Law Office is representing the plaintiffs.

U.S. District Judge T. John Ward will preside over the litigation and has referred the case to Magistrate Judge Charles Everingham for pretrial proceedings.

Case No 2:2009cv00034

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