Wrongful death suit blames company for entrusting van to reckless driver

Michelle Massey, East Texas Bureau Apr. 14, 2009, 7:55am

TEXARKANA, Texas � Morgyn Walston claims the car wreck which led to her husband's death is the result of American Dust Control Inc. for entrusting a company van to a reckless or incompetent driver.

Walston, an Arkansas resident, filed a wrongful death suit as an individual and as temporary administrator of the estate of Carson Johnson against American Dust Control and its driver Terry Peevy. The suit was filed April 6 in the Texarkana Division of the Eastern District of Texas.

The motor vehicle collision occurred near San Augustine, Texas, in October 2008 during heavy rain.

According to the complaint, Johnson was driving along the highway when his vehicle was violently struck by an American Dust Control van driven by Terry Peevy. Johnson was killed in the collision.

The plaintiff states American Dust Control is negligent for the wreck because Peevy was acting within the course and scope of his employment.

The complaint lists the following acts by defendants as the cause of Johnson's wrongful death:

  • Failing to keep a proper lookout;
  • Failure to maintain proper control and speed;
  • Driving an automobile at a speed greater than was reasonable and prudent under the circumstances;
  • Driving in an inattentive manner;
  • Failing to exercise ordinary care for his own safety and for the safety of others; and
  • Failing to take proper evasive action to avoid an accident.

    On behalf of Johnson's estate, the lawsuit is seeking damages for medical and nursing expenses, mental anguish, and loss of life, funeral expenses, conscious pain and suffering, property damage, lost wages, scars, disfigurement and visible results of injuries.

    Walston is seeking damages for pecuniary losses, including loss earnings and service, mental anguish, emotional pain and suffering, loss of consortium, affection, solace, comfort, companionship, martial relations, society, assistance, emotional support, love and loss of inheritance.

    The plaintiff is demanding a jury trial.

    Texarkana attorneys J. David Crisp and Kelley Gossett Crisp of the law firm Crisp and Freeze are representing the plaintiff in her allegations.

    U.S. District Judge T. John Ward is presiding over the litigation.

    Case No: 5:2009cv00056

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