Family of deceased woman sues truck driver for deadly rear-end collision

Michelle Keahey, East Texas Bureau Feb. 6, 2012, 7:29am

TYLER - The family of a deceased Collin County resident has filed a wrongful death lawsuit against a trucking company after one of their truck drivers allegedly caused a deadly rear-end collision.

Vincent Pepper, individually and as representative of the Estate of Cathleen Pepper, Nicholas Wilson, Alana Wilson and Carolyn Cloud filed suit against JWH Transport Inc. and David Beachem on Feb. 3 in the Eastern District of Texas, Tyler Division.

The fatal crash occurred on Jan. 17 on Highway 380 in McKinney, while Cathleen Pepper was stopped at an intersection for a red light. According to the complaint, a tractor-trailer driven by David Beachem for defendant JWH, rear-ended her vehicle. Pepper suffered fatal injuries in the collision.

Defendant Beachem is accused of negligence for operating his vehicle in an unsafe and reckless manner, failing to maintain a proper lookout, failing to operate his vehicle at a safe speed, disregarding the red light signal and for failing to control its speed causing it to crash into the back of Pepper's vehicle.

Defendant JWH Transport is accused of negligence for entrusting the vehicle with an incompetent driver, for allowing an unsafe or otherwise unfit vehicle to be operated upon the public roadways in violation of local ordinances and Texas laws, and for failing to properly train Beachem in the operation of the vehicle in question.

The deceased's husband, mother and children are seeking an award of wrongful death damages, pecuniary losses, loss of companionship and society, mental anguish, emotional pain, torment and suffering, loss of inheritance, medical and burial expenses, interest, and court costs.

The plaintiffs are represented by Collen A. Clark of The Clark Firm in Dallas and Mark Montgomery of Law Offices of Mark Montgomery in McKinney.

A jury trial is requested.

Case No. 6:12-cv-00055

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