Lawsuit accuses truck driver of driving recklessly

Michelle Massey, East Texas Bureau Aug. 31, 2010, 3:35am

LUFKIN-After being rear-ended by a tractor-trailer, a Nacogdoches resident has filed a lawsuit alleging the truck's driver was driving recklessly and caused a multi-vehicle collision.

Kenneth Smith filed suit against James E. Imboden and Bottom Dollar Inc. on Aug. 25 in the Eastern District of Texas, Lufkin Division.

The motor vehicle accident occurred on April 1, 2009, near Lufkin. Smith was driving a 1996 Honda Civic and was traveling north when he stopped at a traffic light and was rear-ended by the defendant.

Defendant Imboden, an employee of Bottom Dollar, was driving a 2007 Freight Century Tractor and towing a trailer. When Smith was hit, the force of the collision caused him to rear-end the vehicle in front of him.

Smith states the collision caused him to suffer injuries to his head, neck, back, shoulder, elbow and hand.

The defendants are accused of negligence for failing to yield the right of way, failing to properly apply the brakes, failing to maintain an assured clear distance between vehicles, failing to keep a proper lookout, driving at an excessive rate of speed, failing to safely and reasonably control the vehicle and for reckless driving.

Smith is seeking damages for physical pain, suffering, mental anguish, medical expenses, physical impairment, loss of earnings, loss of earning capacity, interest and court costs.

Smith was represented by Jeff B. Badders of Badders Law Firm in Nacogdoches. Jury trial requested.

U.S. District Judge Marcia A. Clark is assigned to the case.

Case No. 9:10cv00113

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