Louisiana man sues after dump truck collision in Beaumont

Kelly Holleran Jun. 3, 2011, 4:45am

A Louisiana man claims he was driving through Jefferson County when a dump truck collided with his vehicle, causing his automobile to overturn.

Eric Ray Ousley filed a lawsuit May 23 in Jefferson County District Court against Rodney Alfred Fields and L.H. Chaney Materials.

In his complaint, Ousley claims he drove through Beaumont on his way home to Calcasieu Parish in Louisiana when he exited Interstate 10 at Martin Luther King Street to get some food on Feb. 25, 2010.

Suddenly, Fields, who drove a dump truck for L.H. Chaney Materials, drove through a red light, colliding with Ousley's passenger side and causing his vehicle to overturn, according to the complaint.

Because of the accident, Ousley suffered physical pain and mental anguish, lost wages and incurred medical costs, the suit states. In addition, he sustained physical impairment, the complaint says.

Ousley blames Fields for causing the collision, saying the driver negligently failed to keep a proper lookout, failed to stay alert, failed to properly control his vehicle, failed to turn his vehicle to avoid a collision and failed to timely apply his brakes.

In addition, Fields negligently drove too fast and drove in violation of his training, according to the complaint.

Ousley names L.H. Chaney Materials as a defendant, also, saying it should never have hired Fields, who the company should have known was an incompetent driver.

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

Cade Bernsen and David E. Bernsen of The Bernsen Law Firm in Beaumont will be representing him.

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

Case No. B190-107

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