Michelle Keahey, East Texas Bureau Feb. 18, 2013, 10:31pm
MARSHALL - A woman hit by a tractor-trailer on Interstate 30 has filed a lawsuit claiming that the trucking company was negligent for hiring the truck driver and entrusting him with the vehicle.
Abelino Mata filed suit against ATS Specialized Inc., Anderson Trucking Service Inc. and Glen Merle Wilson on Feb. 12 in federal court in the Marshall Division of the Eastern District of Texas.
The incident occurred on Feb. 14, 2011, as Mata was operating a 1998 Pontiac traveling eastbound in the right lane of I-30 in Franklin County. Defendant Wilson was driving a 2009 Peterbilt truck and towing a trailer in the left lane of I-30. Defendant Wilson allegedly began to change lanes when it was unsafe and struck Mata’s vehicle.
The defendants are accused of negligence for failing to keep a proper lookout, failing to timely apply his brakes, failing to control the vehicle, failing to act or respond in a reasonable manner, failing to control the speed of the vehicle and for violating the Transportation Code by not driving within a single lane and for moving from the lane when it was not safe.
Defendants ATS Specialized and Anderson Trucking Service are accused entrusting the truck to an unlicensed, incompetent or reckless driver, hiring and retaining an unlicensed, incompetent or reckless driver and for failing to properly train its driver.
The plaintiff is seeking an award of damages for medical expenses, physical pain and suffering, mental anguish, physical impairment, physical disfigurement, loss of earning capacity, interest and court costs.
Mata 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. 2:13-cv-00125