Lawsuit filed against truck driver who forced vehicle into highway barricade
A Louisiana resident has filed a lawsuit against a tractor-trailer truck driver who collided into his vehicle and pinned the vehicle against the barricade.
Steven J. Waddell filed suit against Vincent DiMascio, Proline Xpress Inc. and Proline Logistics on Nov. 18 in the District Court of Orange County. The defendant removed the case to the Eastern District of Texas, Beaumont Division on Jan. 21.
The incident occurred on Nov. 18, 2008, as Waddell was operating his 2003 Toyota Tacoma pickup truck on Interstate 10 in Orange County. According to the allegations, defendant Vincent DiMascio drove a tractor-trailer into Waddell's lane of travel. The collision caused Waddell to hit the highway barricade and his vehicle became pinned.
Defendant DiMascio is accused of failing to control his speed, failing to maintain his lane of traffic, failing to keep a proper lookout, failing to yield the right of way, failing to take appropriate evasive action and failing to follow Texas traffic laws causing him to negligently strike Waddell's vehicle.
The other defendants are accused of negligence, negligence per se, negligent entrustment and negligent hiring, training and supervision.
The plaintiff is seeking damages for personal injuries, physical pain, suffering, discomfort and disability, medical expenses, pain and suffering, mental anguish, lost wages, property damage, loss of earning capacity, disability and disfigurement, exemplary damages, interest and court costs.
Waddell is represented by Keena Smotherman Greyling of Greyling Law in San Antonio and Metairie, La., attorneys Gerard Archer and Matthew M. Goetz.
U.S. District Judge Ron Clark is assigned to the case.
Case No. 1:11-cv-00030