Michelle Keahey, East Texas Bureau Nov. 2, 2012, 2:33pm

MARSHALL -  A Tyler father and son are suing a Dallas business following a rear-end collision by one of its employees that was allegedly the result of the driver failing to control his speed.

Robert Steven Whittington and Robert Steven Whittington Jr. filed the lawsuit against Core Laboratories L.P. on Oct. 26 in the Marshall Division of the Eastern District of Texas.

The incident occurred on Sept. 20 as Whittington was driving a 2005 Dodge Ram pickup truck and traveling northbound in the right lane on State Highway 155 in Tyler. Whittington Jr. was a passenger in the pickup truck.

According to the lawsuit, Whittington was attempting to turn into a business parking lot when one of defendant’s drivers crashed into the rear of the Dodge truck.

Defendant Core Laboratories is legally liable for its driver’s acts under the theory of respondeat superior.

The defendant is accused of failing to keep a proper lookout, failing to control his speed, failing to slow to avoid a collision, and failing to turn his vehicle to avoid a collision.

The Whittingtons seek damages for physical pain, mental anguish, emotional pain, torment and suffering, medical expenses, physical impairment, physical disfigurement, loss of earnings, loss of earning capacity, interest and court costs.

The plaintiffs are represented by Keith Miller of the Law Office of Keith Miller of Tyler and Blake C. Erskine of Erskine & McMahon L.L.P. in Longview.

A jury trial is requested.

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

Case No. 2:12-cv-00688

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