Florida trucking company sued after 18-wheeler rear-ends vehicle

Michelle Keahey, East Texas Bureau Dec. 6, 2011, 2:57am

MARSHALL - A Florida trucking company is facing a lawsuit for more than $75,000 after one of its truck drivers ran into the back of another vehicle.

Maria D. Pena filed the lawsuit against D. Mosley Trucking Inc. and James H. Harris on Dec. 2 in the Eastern District of Texas, Marshall Division.

The incident occurred on July 22, 2010, as Pena was operating her vehicle on North Jefferson in Titus County. She states that an 18-wheeler, being operated by defendant James H. Harris and owned by defendant D. Mosley Trucking, ran into the back of her vehicle.

The defendant is accused of negligence for failing to keep a proper lookout and attention to the roadway, failing to make timely or proper application of the brakes or take evasive maneuver to avoid the collision, failing to control his speed, failing to turn to avoid the collision, failing to maintain his vehicle under control, changing lanes when unsafe and operating his 18-wheeler in an area designed a no thru truck zone.

The defendant is also accused of negligence per se, negligent entrustment, and negligent hiring and supervision.

The plaintiff is seeking damages for mental anguish, medical expenses, loss of wages and wage earning capacity, punitive damages, court costs and interest.

Pena is represented by Maria Wormington of Wormington Law Group in McKinney.

Case No. 2:11-cv-00501

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