Tyler couple files personal injury lawsuit after hit-and-run accident

Michelle Keahey, East Texas Bureau Oct. 3, 2011, 8:46am

TYLER - A Tyler couple has filed a personal injury lawsuit after being involved in a hit-and-run accident.

Jerry Alan Garrett and Shanna Lee Garrett filed suit against Richard Craig Loy and AdvoCare International on Sept. 30 in the Eastern District of Texas.

The incident occurred on Dec. 16, 2009, as the Garretts were driving on S. Beckham Road in Tyler. According to court documents, Loy, an AdvoCare International employee, failed to yield to oncoming traffic and drove his vehicle into the Garretts'.

The Garretts allege Loy made obscene gestures and mouthed profanities at them and then drove away, the suit states.

The defendants are accused of negligence for failing to operate the vehicle in a single lane, failing to keep a proper lookout, failing to pay attention, failing to properly and timely apply his brakes, failing to drive at a reasonable and prudent speed under the circumstances, driving the vehicle without regard for the safety and welfare of other persons or property, failing to yield to existing traffic prior to changing lanes, driving the vehicle recklessly, and violating the Texas Transportation Code.

Garrett is seeking damages for medical expenses, physical pain, mental anguish, loss of earning, loss of earning capacity, physical impairment, loss of consortium, exemplary damages, interest and court costs.

Shanna Garrett is seeking damages for loss of solace, comfort, society, assistance, emotional support and the love and companionship.

The plaintiffs are represented by Justin A. Smith of Sloan, Bagley, Hatcher & Perry Law Firm in Longview.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 6:11-cv-00520

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