Suit claims Mt. Pleasant wreck caused by truck blocking highway

Michelle Keahey, East Texas Bureau May 23, 2011, 4:53am

MARSHALL - After crashing into a parked tractor-trailer which was blocking both highway lanes, a Bogata resident has filed a lawsuit against the truck driver's employer.

Ralph Barba Jr. filed suit against U.S. Foodservice Inc. on May 13 in the Eastern District of Texas, Marshall Division, claiming the company should have instructed their drivers not to block lanes of travel during the loading and unloading process.

The motor vehicle accident occurred on Oct. 12, 2010, on U.S. Highway 271 in Mt. Pleasant. Barba states that he was operating his vehicle in a careful and prudent manner when he was confronted with an 18 wheeler, which was parked blocking both southbound lanes of travel.

He claims he attempted to swerve to miss the tractor-trailer but the left front of his vehicle struck the rear of the trailer. Barba states he suffered severe, disabling injuries and severe property damage.

The driver of the truck, Rory S. Doss, was in the course of his employment with defendant U.S. Foodservice at the time of the accident.

U.S. Foodservice is accused of negligence for failing to provide adequate training and instruction to their driver, failing to adopt operator policies and procedures instructing drivers to avoid blocking a major U.S. highway during the loading/unloading process, failing to instruct their driver to unload his trailer in a manner that did not block both lanes of travel and failing to provide a flagman or other warning regarding the blocked lanes.

The plaintiff is seeking damages for medical expenses, physical impairment, physical pain and mental anguish, loss of earning capacity, exemplary damages and court costs.

Barba is represented by Bradley T. Steele of Law Office of Bradley Steele in Longview and Jessica Kroscher and Charles Kroscher of the Law Office of Kroscher & Kroscher in Longview.

A jury trial is requested.

U.S. District Judge David Folsom is assigned to the case.

Case No. 2:11-cv-00254

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