Father, daughter injured in Port Arthur crash, sue truck driver

Kelly Holleran Apr. 25, 2011, 5:00am

A man has filed suit against the truck driver he claims caused a collision that knocked him and his 4-year-old daughter unconscious and caused them to sustain various injuries, including a severed tongue and a lacerated liver.

Cory Head claims he was driving a 2005 Hyundai four-door EST north on Spur 93 in Port Arthur at about 8 p.m. on March 1 when the collision occurred.

At the same time, defendant Brian K. Pierson was driving an oil tanker tractor trailer for defendant Morgan Oil Co. Pierson attempted to make a left turn onto Spur 93 from a private drive, according to the complaint filed April 13 in Jefferson County District Court.

Initially, Pierson turned into the right-hand lane of traffic, but suddenly attempted to switch into the left-hand lane where Cory Head was driving with his daughter, Chloe, accompanying him in the back seat, the suit states.

"Plaintiff had no time to safely brake or avoid Defendant, and he incidentally collided into the back of the tanker trailer," the complaint says.

The front end of Cory Head's Hyundai went underneath the tractor trailer driven by Pierson, causing both Cory Head and his daughter to be knocked unconscious, he claims.

"When Chloe came to, she unbuckled herself from her child safety seat, and she tried to awaken her father," the suit states. "She had no luck. She also tried to awaken her puppy, which she had received the day prior as a gift, but could not awaken the puppy either. Chloe attempted all of this, all the way suffering from a laceration to her liver."

Cory Head and Chloe Head both survived the incident. However, Cory Head suffered from multiple wounds including broken ribs, a lacerated tongue, back injuries, leg injuries and neck injuries, according to the complaint. Chloe Head suffered injuries to her liver, head and neck causing her to endure physical pain, suffering and mental anguish, the complaint says.

Cory Head blames Pierson for causing the collision, saying he failed to keep a proper lookout.

In addition, he names Morgan Oil Co. as a defendant, claiming the company should not have hired an incompetent driver.

In his complaint, Cory Head seeks an unspecified judgment, plus pre-judgment interest at the legal interest rate, post-judgment interest at the maximum rate, costs and other relief the court deems just.

Barry C. Bennett of Eddins and Bennett Law Firm in Beaumont and Collin Cobb of Chambers, Templeton, Thomas and Brinkley in Beaumont will be representing him.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Case No. B189-772

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