Lawsuit filed over rear-end collision in city of Rusk

Michelle Keahey, East Texas Bureau Aug. 27, 2012, 7:21am

MARSHALL - Three days after being rear-ended by a Louisiana man, a Texas couple has filed a lawsuit claiming the other driver was negligent for failing to timely apply his brakes.

Dustin Ramsey and Bianca Ramsey filed suit against Tanmar Rentals and Justin Funderburke on Aug. 23 in the Eastern District of Texas, Marshall Division.

The incident occurred on Aug. 20 as Ramsey was traveling east on U.S. Highway 84, outside of the city Rusk.

According to the lawsuit, Ramsey was stopped and waiting for oncoming traffic to clear in order to make a left turn when defendant Funderburke allegedly rammed into the rear of his vehicle. At the time of the accident, defendant Funderburke was in the course and scope of his employment with Tanmar Rentals, according to the suit.

The defendants are accused of negligence for failing to exercise ordinary care, failing to keep a proper lookout, failing to maintain an assured clear distance between his vehicle and that of the vehicle in front of him, failing to turn the vehicle so as to avoid a collision and failing to properly apply his vehicle's brakes in order to avoid the collision.

Ramsey is asking for an award of physical pain and mental anguish, medical expenses, scarring, physical impairment, loss of the enjoyment of life, loss of earnings and earning capacity, loss of consortium, interest and court costs.

The plaintiffs are represented by John S. Ament of Ament Peacock in Jacksonville. A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:12-cv-00501

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