Driver alleges truck violated no-pass zone, caused collision

Michelle Massey, East Texas Bureau May 6, 2010, 7:11am

After a tractor-trailer truck struck the side of the pickup in which he was riding, Mississippi resident John Elliot is accusing the driver of reckless driving.

The accident occurred on Feb. 7, 2009, when Elliot was riding as a passenger in a 1990 Ford F-350 pickup that was traveling south on State Highway 87. The Ford pickup stopped to make a left turn into a private drive when the big rig attempted to pass to the left in a no passing zone and struck the Ford pickup.

Elliot claims his neck, upper and lower back, right and left arm and left leg were injured during the collision.

Elliot filed a personal injury lawsuit against Gerald Phillips and Radzewicz Exploration Drilling Corp. on April 29 in the Eastern District of Texas, Beaumont Division.

At the time of the accident, Phillips was in the course of his employment with Radzewicz Exploration and therefore, Elliot argues the company is responsible for his injuries under the doctrine of respondeat superior.

The plaintiff accuses Phillips of negligence for passing in a no passing zone, failing to maintain an assured clear distance between his vehicle and the plaintiff's, failing to keep a proper lookout, driving at an excessive rate of speed, failing to safely and reasonably control his vehicle and driving in a reckless manner.

Elliot is seeking more than $75,000 in damages for physical pain, suffering, mental anguish, medical expenses, physical impairment, loss of earnings, loss of earning capacity, physical disfigurement, interest and court costs.

Lufkin attorney Jeff Badders of Badders Law Firm PC is representing the plaintiff. Jury trial requested.

U.S. District Judge Ron Cark is assigned to the case.

Case No. 9:10cv00060

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