Big rig forced driver into highway barricade, suit says

Kelly Holleran Apr. 13, 2010, 8:17am

An Alvin man has filed suit against the company whose driver entered his lane and struck the left side of his vehicle.

James Davidson claims he was driving his black Dodge Durango west on the outside lane of Interstate 10 on Aug. 17 when Harris Schoenmehl, who was driving a 2003 white Peterbilt tractor truck for defendant Sunrise Express, moved his vehicle into the lane Davidson occupied.

That caused Schoenmehl to strike the left side of Davidson's vehicle, which hit a concrete barrier erected along the right shoulder of the highway, according to the complaint filed March 31 in Jefferson County District Court.

Because of the collision, Davidson incurred medical costs; experienced physical pain, suffering and physical impairment; lost his earnings and his earning capacity; suffered damages to his family relationship; incurred property damages; and suffered mental anguish, the suit states. In addition, Davidson will be forced to pay for medical monitoring, the complaint says.

Davidson blames Schoenmehl for causing the accident, saying he negligently drove in Davidson's lane, failed to drive in a single lane, failed to keep a proper lookout and failed to observe due care and precaution for other vehicles on the road.

Davidson seeks a judgment within the jurisdictional limits of Jefferson County District Court, plus exemplary damages, pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and other relief the court deems just.

Stavis Gilbreath will be representing him.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Jefferson County District Court case number: D186-433.

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