Galveston man seeks damages for auto wreck in Alabama

John Suayan, Galveston Bureau Mar. 18, 2009, 2:56pm


GALVESTON – A Galveston County man is suing a truck company for more than $50,000 over a collision that occurred in Alabama three months ago.

On Dec. 18, Roy Edward James says he was en route from Alvin to St. Petersburg, Fla., to deliver a vehicle for Ron Carter Chevrolet. However, during a traffic stop in Mobile, Ala., James was hit from behind by a tractor trailer co-owned by Tennessee-based Milan Express.

James filed a lawsuit against Milan Express on March 6 in Galveston County District Court.

The original petition states James stopped his truck because the vehicle ahead of him came to a halt. He subsequently felt something striking him in the back.

"Moments later, the plaintiff was rear-ended by a tractor trailer traveling at a high rate of speed," it states.

James says he sustained multiple injuries to various parts of his body including but not limited to his neck, right shoulder, and lower back.

The suit argues Bradley Eugene Godwin, the driver of the Milan truck at the time, failed to observe local traffic rules and regulations, and faults the defendant for hiring and retaining Godwin.

Godwin, however, is not named as a defendant in the lawsuit.

"The defendant's driver was an unlicensed, incompetent, or reckless driver on the day in question and as a result he proximately caused the plaintiff's injuries," the complaint says. "Milan was negligent in entrusting its vehicle to Godwin."

Milan is also blamed for recklessness and malice.

In addition to the $50,000, James consequently seeks a jury trial and additional restitution for property damage, medical expenses, pain and suffering, disfigurement, impairment, mental anguish, and losses of consortium and household services.

Galveston attorney Tony G. Buzbee is representing the plaintiff, and the suit has been assigned to Galveston County 10th District Court Judge David Garner.

Case No. 09CV0308

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