Woman sues after truck wheel strikes car

Kelly Holleran Aug. 5, 2010, 6:58am

A Vidor woman claims she may require neck and knee surgery after a wheel disconnected from a passing truck and flew into her vehicle.

Juana Fraser filed a lawsuit July 30 in Jefferson County District Court against K Marketing and Charles Regin Smith.

Fraser claims she drove west at the 2200 block of Interstate 10 on Feb. 2 when a wheel from the 2006 Blue Peterbilt tractor-trailer Smith drove east separated from his vehicle and hit Fraser's.

"The impact of the tire onto Ms. Fraser's vehicle was catastrophic to the vehicle causing severe damage," the suit states.

Because of the incident, Fraser sustained injuries to her knee and neck, which may require surgery if treatment fails to work, the complaint says. In addition, Fraser claims she experienced pain and suffering, lost wages and her earning capacity, sustained mental anguish and physical disfigurement and incurred medical costs. Fraser also suffered physical impairment, sustained property damages and incurred towing costs, according to the complaint.

Fraser blames Smith for causing the accident, saying he failed to maintain his vehicle in proper working condition, failed to inspect his vehicle before driving it on a public road, failed to properly inspect any repairs performed to his vehicle and failed to notify his employer of dangerous conditions that existed on his vehicle.

K Marketing was also guilty of a number of negligent acts, including failure to provide its employee with a safe vehicle, failure to make sure that the vehicle its employee was driving was in a safe condition, failure to train Smith on how to properly inspect his vehicle for hazards, failure to implement procedures for proper inspection, failure to ensure that their employees have adequate training and failure to investigate Smith's qualifications, the suit states.

In her complaint, Fraser seeks an unspecified judgment, plus interest, costs and other relief the court deems just.

Ed Fisher of Provost and Umphrey Law Firm in Beaumont will be representing her.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Jefferson County District Court case number: B187-433.

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