Texas City woman sues after being struck by backhoe

John Suayan, Galveston Bureau Sep. 8, 2010, 4:42am

GALVESTON - A Texas City woman is suing a construction company over a collision five months ago with one of its employees.

Doris McAdams Henderson's lawsuit against SER Construction Partners Ltd. claims that on April 15 Raul Del Rio Gayton ran a business-owned backhoe into Henderson's 1992 Chevrolet Caprice on Magnolia Avenue in Texas City.

The suit was filed Aug. 27 in Galveston County District Court.

Henderson says she was traveling in the eastbound lane of Magnolia "when she was suddenly, unexpectedly, and without warning" struck by the backhoe in question.

She argues that Gayton, who joins his employer as a defendant in the case, backed into her lane of traffic prior to the alleged incident.

Court papers estimate approximately $50,000 worth in damages were inflicted.

SER Construction Partners and Gayton are faulted for violating numerous traffic laws and regulations as well as failing to assign a flagman to the backhoe and provide safety training.

The plaintiff insists she consequently experienced pain and suffering, mental anguish, disfigurement, and impairment thus seeks monetary compensation.

She is represented by attorney Lawrence Tylka of League City.

The case has been assigned to Galveston County 56th District Court Judge Lonnie Cox.

Case No. 10-cv-2479

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