K Marketing denies allegations in I-10 wreck suit, asserts contributory negligence

David Yates Oct. 27, 2010, 10:00am

K Marketing recently filed an answer to litigation brought by a Vidor woman who claims she requires 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.

On Oct. 12 K Marketing filed its answer, denying Fraser's allegations and asserting the incident was caused by contributory negligence.

In her suit, Fraser claims she was traveling west on Interstate 10 on Feb. 2 when a wheel from the 2006 Blue Peterbilt tractor-trailer Smith drove 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.

Fraser blamed Smith for causing the incident, saying he failed to maintain his vehicle in proper working condition and failed to inspect his vehicle before driving it on a public road, court papers say.

She also alleged K Marketing was guilty of a number of negligent acts, including failure to provide its employee with a safe vehicle and failure to make sure that the vehicle its employee was driving was in a safe condition.

Fraser is suing for her alleged mental anguish, medical expenses, pain and lost wages, plus actual damages.

Ed Fisher of Provost and Umphrey Law Firm in Beaumont represents her.

K Marketing is represented by New Mexico attorney Brook Laskey.

Judge Gary Sanderson, 60th District Court, is presiding over the case.

Jefferson County District Court case number: B187-433

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