Tractor maker, seller sued after man dies in rollover

Kelly Holleran Jun. 28, 2011, 5:00am

An Orange County woman claims she lost her husband after a tractor flipped on top of him.

Thelma Baxter filed a lawsuit June 24 in Jefferson County District Court against Bad Boy Inc. and Louis' Yazoo Sales and Services.

In her complaint, Thelma Baxter alleges her recently deceased husband, Everitt Baxter, was driving a Kawasaki Lightning Z Series lawn tractor on June 26, 2009, when the tractor rolled over and pinned Everitt Baxter underneath it.

"Everitt Baxter was pinned under the lawn tractor until the EMS arrived on the scene and was pulled out from under the front of the lawn tractor," the suit states. "The tractor in question lacked any protection for rollover events."

Because of the accident, Everitt Baxter died and Thelma Baxter lost her husband's support, care, maintenance, support, service, advice, companionship and services and suffered mental anguish, according to the complaint. In addition, she incurred medical, funeral and burial costs, the complaint says.

Thelma Baxter blames Bad Boy and Louis' Yazoo, which manufactured and sold the lawn trailer, for causing her husband's death, saying the companies should have known the tractor to be dangerous, should have known the tractor could not be safely used, should have warned customers of its dangers, should have placed rollover protection on the tractor and represented the trailer as safe when it was not.

In her complaint, Thelma Baxter seeks an unspecified judgment, plus pre- and post-judgment interest, costs and other relief the court deems just.

Clint Brasher and Joe Muckleroy of Beaumont will be representing her.

Judge Donald Floyd, 172nd District Court, has been assigned to the case.

Case No. E190-407

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