Michelle Keahey, East Texas Bureau Nov. 2, 2012, 2:36pm

MARSHALL - Following a violent rear-end collision on Interstate 20, a Louisiana man has filed a lawsuit against the driver who rear-ended his vehicle claiming that accident caused him to suffer a traumatic brain injury. 

Thomas Hill filed suit against Master Woodcraft Cabinetry and Royce Emery Russell on Oct. 31 in Eastern District of Texas, Marshall Division.

The motor vehicle accident occurred on Dec. 19, 2011, on Interstate 20, when defendant Russell violently collided with the rear end of Plaintiff’s vehicle.  According to the lawsuit, Hill suffered severe, life-altering injuries in the accident that included a traumatic brain injury.

Defendant Russell is accused of not being “physically, medically or emotionally competent to operate the Woodcraft Rig” and is accused of using a cell phone, PDA or computer while driving.

Russell is further accused of failing to keep a proper lookout, failing to maintain a safe speed, failing to maintain proper control of his vehicle, and for failing to timely and properly take evasive action.

Woodcraft is accused of negligence for failing to adequately investigate Russell with regard to his competency and proficiency to operate a commercial vehicle, failing to establish, implement or enforce adequate safety and accident prevention programs, systems, guidelines, and policies and procedures, failing to properly train, supervise and monitor Russell, and for failing to maintain relevant documents, logs and data regarding Russell.

The plaintiff is seeking an award of damages for mental anguish, physical pain, physical disfigurement, physical impairment, medical expenses, loss of earning capacity, court costs, and interest.

Hill is represented by Melissa R. Smith of Gillam & Smith in Marshall and Houston attorneys Paul N. Gold and Donna M. Aversano. A jury trial is requested.

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

Case No. 2:12-cv-00698

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