Lawsuit filed over college student's death in motor vehicle collison

Michelle Massey, East Texas Bureau May 11, 2011, 6:20am


MARSHALL - The mother of a college student who was killed in a motor vehicle collision in Gregg County has filed a lawsuit against a trucking company alleging negligent entrustment of the tractor-trailer.

Kim Yates, individually and as representative of the estate of Ashton Yates, filed suit against Thompson Transportation Inc. on April 28 in the Eastern District of Texas, Marshall Division.

The fatal crash occurred on Dec. 6, 2010, when Sabino Serrano Hernandez failed to yield the right of way to Ashton Yates' vehicle. According to the allegations, the tractor-trailer turned left in front of Yates' vehicle. Yates was unable to stop his vehicle and collided with the passenger side of the tractor-trailer.

The lawsuit argues that Thompson Transportation is responsible for the actions of its employee, Sabino Hernandez.

The defendant is accused of negligence for failing to observe traffic rules by failing to yield the right of way, failing to keep a proper lookout, failing to timely apply the brakes to the tractor trailer, failing to control speed, failing to turn the tractor trailer to avoid the collision and failing to keep proper management and control of the tractor trailer.
The trucking company is also accused of negligent entrustment, negligent hiring and retention and negligent training and supervision.

The plaintiff is seeking damages for physical suffering, mental pain and anguish, medical expenses, burial expenses, loss of companionship and society, loss of care, maintenance, support, services, advice, counsel and reasonable contributions of a pecuniary value, interest and court costs.

Yates is represented by Don Tittle of Law Offices of Don Tittle in Dallas. A jury trial is requested.

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

Case No. 2:11-cv-00234

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