Couple sues after man thrown from pickup in crash with bulldozer

John Suayan, Galveston Bureau Sep. 24, 2011, 11:53am

GALVESTON - A Santa Fe couple is suing a waste management company after one of its pieces of heavy machinery caused the husband to be ejected from his vehicle, recent court documents say.

According to a lawsuit filed Sept. 16 in Galveston County District Court, Tommy and Misty Bray claim a bulldozer belonging to Republic Services Inc. struck Tommy Bray's pickup truck as he was about to unload materials from the bed at an Alta Loma lot last year.

The Brays say Tommy Bray went to the premises and was instructed to drive to a particular location to dispose of the waste.

"After arriving at the designated location, Tommy Bray climbed into the back of his pickup truck and the pickup truck was then struck by a bulldozer driven by an agent, servant or employee of the defendant," the original petition says.

"Tommy Bray was thrown from the pickup truck."

The suit says his injuries were physical and emotional.

He blames the defendant for failing to timely apply the brakes, failing to maintain a proper lookout, failing to maintain proper control of the vehicle, failing to avoid the collision, driving at a high rate of speed, failing to maintain a reasonably safe place of business, failing to warn the plaintiff, failing to properly train employees, failing to properly inspect and maintain its vehicles and negligent entrustment.

Consequently, the plaintiffs seek unspecified monetary damages and a jury trial.

They are represented by Bettison, Doyle, Apffel & Guarino PC.

The case has been assigned to Galveston County 405th District Court Judge Wayne Mallia.

Case No. 11-cv-1474

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