After fatal collision, truck driver sues dead man's estate

Michelle Massey May 26, 2010, 7:44am

MARSHALL -- A Tennessee truck driver has filed a lawsuit against the family of a deceased man who failed to yield the right of way when attempting to cross over an interstate and collided into her truck.

The accident occurred on May 23, 2008, on U.S. Highway 59 when Charles Morden allegedly failed to yield the right of way to Anna Beyal's tractor trailer truck, causing her truck to collide into his vehicle.

Morden's vehicle was then struck by another vehicle operated by Ben Amma. The force of the second collision caused Morden's vehicle to once again hit Beyal's truck, causing further injuries to Beyal.

Morden suffered fatal injuries due to the collision.

Beyal filed suit against the Ben Ammar and his employer, Landstar System Inc., the estate of Olen Charles Morden and Jean Leopard Morden, as the legal representative of the estate.

The lawsuit was filed May 21 in the Marshall Division of the Eastern District of Texas.

Beyal states that all the defendants are negligent for failing to yield the right of way to her oncoming truck, failing to keep a proper lookout, failing to take precautionary measures to avoid the accident and failing to avoid the collision.

The plaintiff is seeking damages for pain and suffering, mental anguish, loss of enjoyment of life, loss of earning capacity, medical expenses, interest and court costs.

Marshall attorney Harry L. Gilliam Jr. of Gilliam and Smith is representing the plaintiffs.

Jury trial requested.

U.S. District Judge T. John Ward is assigned to the litigation.

Case No. 2:10cv00168

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