Truck driver, company sued after tire flies off and hits vehicle

Michelle Keahey, East Texas Bureau Jun. 24, 2011, 10:18am

TYLER - A Tyler resident has filed a lawsuit against a truck driver and a trucking company after his vehicle was hit by a flying tire.

Marion Goodall Wootton Jr. filed suit against George Franklin Baker, Evergreen Transport LLC. and Evergreen Transportation Inc. on June 13 in the Eastern District of Texas, Tyler Division.

The accident occurred on July 8, 2009, as Wootton was driving eastbound on Interstate 20, while defendant Baker was traveling westbound on Interstate 20. According to the complaint, Baker's semi-truck lost its left rear outside tire which jumped the center concrete median barrier into oncoming traffic, striking Wootton's vehicle.

The defendants are accused of negligent behavior in that Baker failed to keep a proper lookout for Wootton's safety, for failing to inspect the semi-truck, failing to monitor the semi-truck, for operating the vehicle at a unsafe rate of speed, failing to timely apply the brakes and for failing to pull the vehicle over onto the shoulder of Intestate 20 to tighten or adjust his tires to avoid the accident.

The plaintiff is seeking damages for medical expenses, physical pain and suffering, mental anguish, physical impairment, interest and court costs.

Wootton is represented by David E. Dobbs of Dobbs & Tittle PC in Tyler. A jury trial is requested.

U.S. District Judge Leonard E. Davis is assigned to the case.

Case No. 6:11-cv-00301

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