Family of 5 children injured in handicap van sue truck driver

Michelle Massey, East Texas Bureau Mar. 31, 2010, 8:24am

MARSHALL- The family of five children injured when a truck collided with the van in which they were passengers has filed a suit against the truck driver and his employer.

According to the complaint, tractor-trailer driver Roy C. Gamble was looking back and not watching the road and therefore did not see the handicap van in the lane in front of him until his commercial vehicle rear ended it. The two adults and five children in the van were injured and taken to the hospital.

Arguing that the tractor-trailer driver was acting within the scope of his employment, Tyrone Jackson and Takela Jackson, individually and as next friend of five minors, filed suit against Howard Baer Inc. and Roy C. Gamble on March 24 in the Marshall division of the Eastern District of Texas.

The accident occurred on Interstate Highway 20 in Harrison County on Jan. 23, 2008.

The plaintiffs allege that the defendant was negligent for failing to operate his vehicle in a safe and prudent manner, failing to control his speed, failing to keep a safe distance between his vehicle and the plaintiff's vehicle, failing to timely apply his brakes, failing to take proper evasive action to avoid the collision and for driving at an excessive rate of speed.

The lawsuit accuses Gamble's employer of negligence for failing to provide necessary training, failing to retrain Gamble after previous speeding citations, and failing to explain and demonstrate safety policies and procedures.

The plaintiffs are seeking damages for physical pain, mental anguish, medical expenses, physical impairment, loss of earning capacity, property damages, court costs and interest.

Attorney Maria Wormington of Wormington Law Group PLLC in McKinney is representing the plaintiff.

U.S. District Judge David Folsom is assigned to the litigation.

Case No 2:10cv00103

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