Farmer sues truck driver after multi-vehicle collision

Michelle Massey, East Texas Bureau Mar. 16, 2011, 9:00am

MARSHALL - A farmer who was seriously injured after a tractor-trailer caused a multi-vehicle wreck has filed a lawsuit against the truck driver's employer.

Knox Wesley Mosby Jr., and his wife, Angela, filed suit against Averitt Express Inc. and Ronald Jason Bowman on March 9 in the Eastern District of Texas, Marshall Division.

According to court records, Mosby was driving a John Deere farm tractor towing
a John Deere bailer down U.S. Hwy 79 with his hazard lights indicating a slow moving vehicle flashing. The plaintiff was being escorted by a Ford 350 truck driving behind his tractor towing a flatbed trailer owned by the plaintiff and driven by Steven Smith, who also had his hazard lights flashing, the suit states.

Mosby claims defendant Bowman ran up onto the trailer, causing the truck-trailer to jack knife and then hitting the farm tractor and bailer. Mosby was thrown off the tractor and suffered serious injury.

The lawsuit states defendant Bowman was cited for failure to control speed.

The defendant is accused of negligence for violations of Texas Transportation Codes and other regulations.

The plaintiffs are seeking damages for medical expenses, physical pain and suffering, mental anguish, physical disability, physical impairment, disfigurement, lost wages, loss of wage earning capacity, loss of business income, loss of consortium, loss of household services, interest and court costs.

The plaintiffs are represented by Mike C. Miller and Lisa M. Andrews of the Law Offices of Mike C. Miller in Marshall and R. Collin Underwood of Underwood Law Office in Carthage.

U.S. District Judge T. John Ward is assigned to the case.

Case No. 2:11-cv-00157

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