Lawsuit alleges tractor-trailer made improper right turn and hit vehicle

Michelle Keahey, East Texas Bureau May 23, 2011, 6:00am

MARSHALL - A Tyler resident is suing a trucking company after a tractor-trailer attempted to make an improper right turn and struck his vehicle.

Claiming serious and disabling injuries to his neck and back, Andrew John Fisk filed suit against PWS Trucking Inc. on May 9 in the Eastern District of Texas, Marshall Division.

According to the lawsuit, the accident occurred on Sept. 10, 2010, as Fisk was traveling southbound on Highway 69. Fisk states he was traveling behind a tractor-trailer driven by Perry Morales Jr., an employee of the defendant.

The truck driver drove into the roadway's center divider to his left with his flashers engaged. Fisk states he was continuing to travel southbound in his lane, when Morales began a right turn from the center divider. The tractor-trailer struck Fisk's vehicle, sending the vehicle into a stop sign and flip, landing on its roof.

As Morales was acting within the course of his employment at the time of the collision, defendant PWS Trucking is being sued under the theory of respondeat superior and vicarious liability. The defendant is accused of negligently operating the truck.

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

Fisk is represented by Keith Miller of Law Office of Keith Miller in Tyler and Blake C. Erskine of Erskine & McMahon in Longview. A jury trial is requested.

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

Case No. 2:11-cv-00250

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