April auto crash in Gilmer subject of federal lawsuit

Michelle Keahey, East Texas Bureau Dec. 26, 2012, 9:48am

MARSHALL - A woman injured in an automobile accident in Gilmer has filed a federal lawsuit claiming a truck driver failed to stop at a red light and hit her vehicle.

Amy Wysocki filed suit against H.O.T. Express Inc., Cen-Dak Leasing of Montana Inc. and David Wayne Tackett on Dec. 19 in the Eastern District of Texas, Marshall Division.

The collision occurred on April 10 as Wysocki was operating a 2001 Ford Explorer westbound on Jefferson Street in Gilmer. Defendant Tackett was driving a truck and towing a trailer traveling northbound on U.S. Highway 271, approaching a red light at the intersection. Wysocki claims that Tackett disregarded the signal, failed to stop at the red light and proceeded into the intersection and striking Wysocki’s vehicle, according to the suit.

Defendant Tackett is accused of negligence and negligence per se for failing violating the transportation code by failing to yield the right of way, failing to keep a proper lookout, failing to timely apply his brakes, failing to control his vehicle, failing to act and respond in a reasonable manner and for failing to control the speed of the vehicle.

The other defendants are accused of negligence for entrusting the truck or hiring and retaining an “unlicensed, incompetent and/or reckless driver.”

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

Wysocki is represented by Brent Goudarzi and Marty Young of Goudarzi & Young in Gilmer. A jury trial is requested.

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

Case No. 2:12-cv-00804

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