Michelle Keahey, East Texas Bureau Jan. 2, 2013, 12:44pm

MARSHALL - The family of a woman killed in a Titus County wreck has filed a lawsuit claiming she died because the tractor-trailer she rear-ended was going too slow.

Arselia Dominguez, individually and as representative of the Estate of Luz Elena Dominguez, deceased, and as next friend of Alison Jimenez; Alyn Joselyn Dominguez; and Areli Jaleah Dominguez filed suit against Midwest Carrier Inc. and Mohamed Dahir on Dec. 27 in the Eastern District of Texas, Marshall Division.

The crash occurred on April 20, 2012, in Titus County. Plaintiff’s vehicle struck the rear of the Midwest Carrier tractor trailer and “under-rode” because of an alleged defect with the rear underride guard.

According to the lawsuit, the integrity of the passenger compartment of plaintiff’s vehicle was violated by the Midwest Carrier’s trailer and as a result, Luz Elena Dominguez suffered fatal injuries.

Defendant Midwest Carrier is accused of product liability as the trailer was designed without rear underride guards.

Defendant Dahir is accused of negligence for operating a vehicle at an unsafe speed (too slow) and for committing other acts and omissions of negligence.

The family is seeking an award of damages for mental anguish, loss of companionship and society, pecuniary loss, loss of inheritance, funeral and burial expenses, punitive damages, interest and court costs.

The plaintiffs are represented by Joe Fisher II of Provost Umphrey Law Firm in Beaumont. A jury trial is requested.

Case No. 2:12-cv-00822

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