MARSHALL-A New York resident is suing a Tyler resident he claims struck his vehicle from behind while he was stopped at a red light.
Brendan Lynch filed a personal injury lawsuit against Neil Kerr on March 10, in the Marshall division of the Eastern District of Texas.
The plaintiff states that he was stopped at a red light at an intersection in Tyler, when he was suddenly and unexpectedly hit from behind by a Ford Expedition driven by Kerr.
Lynch argues that Kerr failed to obey the traffic signal, failed to control speed, failed to keep a safe distance from the plaintiff's vehicle, and failed to keep a safe stopping distance from the plaintiff's vehicle.
The lawsuit alleges that the defendant's actions were committed with carelessness, negligence, and negligence per se.
The plaintiff is seeking more than $75,000 in damages for medical expenses, physical pain and suffering, mental anguish, physical disability and impairment, lost wages, loss of wage earning capacity, interest and costs of court.
Marshall attorneys Mike Miller and Lisa Andrews of the Law Office of Mike C. Miller, P.C. and Williamsville, New York attorney Michael G. Dwyer are representing the plaintiff.
U.S. District Judge T. John Ward will preside over the litigation.
Case No 2:10cv00081