Truck driver sues for $50,000 after rear-end collision

Michelle Massey, East Texas Bureau Apr. 18, 2011, 8:59am

TYLER - A truck driver has filed a lawsuit asking for more than $50,000 after his tractor-trailer was rear-ended by a sport utility vehicle.

Michael T. Kepple filed suit against Jesse L. Magee and Gray-Daniels Chevrolet on Feb. 22 in Smith County District Court. The defendant removed the case to the Eastern District of Texas, Tyler Division on April 4.

The auto crash occurred on May 5, 2009, as Kepple was driving a tractor-trailer on Interstate 20 in Lindale. Defendant Jesse Magee was driving a 2009 Chevrolet Tahoe, which collided with Kepple's vehicle.

Magee is accused of failing to control his speed, failing to keep a proper lookout, failing to turn the vehicle in an effort to avoid the collision, failing to maintain a clear and reasonable distance between vehicles and for failing to timely apply the brakes in order to avoid the collision.

The plaintiff is seeking an award of medical expenses, lost wages, loss of earning capacity, physical pain and suffering, mental anguish, physical impairment, interest and court costs.

Kepple is represented by David E. Dobbs of Dobbs & Tittle in Tyler. A jury trial is requested.

U.S. District Judge Leonard E. Davis is assigned to the case.

Case No. 6:11-cv-00170

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