Truck backed into vehicle, suit claims

Kelly Holleran Feb. 13, 2012, 8:33am

Two Jefferson County residents allege they sustained personal injuries after a truck driver backed into their vehicle.

Kendall Turner and Michael Sias filed a lawsuit Feb. 2 in Jefferson County District Court against Thomas A. Bernal, Capitol Trucking and Truckers Association of Chicago.

In their complaint, Turner and Sias allege they were traveling west on 4100 State Highway 87 on Feb. 1, 2010, when Bernal, who was driving a freightliner for Capitol and Truckers Association of Chicago, missed his turn. Suddenly, Bernal backed the truck up when it was not safe to do so and struck Turner and Sias, according to the complaint.

Because of the collision, Turner and Sias incurred physical pain, mental anguish, physical disfigurement and physical impairment and incurred medical costs, the suit states. They also lost their earning capacities while Turner incurred property damages and lost the use of her vehicle, the complaint says.

Turner and Sias blame Bernal for causing the collision, saying he negligently failed to keep a proper lookout, failed to timely apply his brakes, drove too fast, failed to turn to avoid a collision, failed to keep a safe distance between his vehicle and Turner's and backed when it was not safe to do so.

In their complaint, Turner and Sias seek a judgment within the jurisdictional limits of Jefferson County District Court, plus pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and other relief the court deems just.

James M. Lassiter III and Timothy M. McHale of Lassiter Law Firm in Houston will be representing them.

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

Case No. E191-871

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