Motorcyclist says crash caused by woman’s attempt to pass in no-passing zone

Michelle Keahey, East Texas Bureau Mar. 25, 2013, 6:13pm

MARSHALL - After suffering serious injuries during a motorcycle crash, a Kilgore man has filed a lawsuit claiming that the other driver attempted to pass him in a no-passing zone and caused the wreck. 

James Chandler filed suit against The Kroger Co. on March 20 in the Eastern District of Texas, Marshall Division.

The incident occurred on Nov. 2, 2012, as Chandler was driving a 2004 Harley Davidson motorcycle southbound on Commerce Street in Kilgore. According to the lawsuit, Cynthia Danita Joice was driving a 2012 Toyota Carina, owned and operated by the defendant, and was also traveling southbound on Commerce Street immediately behind Chandler.

Chandler was attempting to make a left hand turn onto Harris Street and Joice passed him on the left in a no-passing zone. As Chandler was turning left, Joice collided into him.  Chandler was 36 years old at the time of his injuries and suffered multiple injuries.

Joice is accused of negligence in how she operated the company vehicle for failing to keep a proper lookout, failing to adhere to the no passing zone, failing to control her speed, failing to slow to avoid a collision and for failing to turn her vehicle to avoid the collision.

Chandler argues that Kroger is legally liable for Joice’s negligent acts pursuant to the theories of respondeat superior and vicarious liability.

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

Chandler is represented by Keith Miller of Law Office of Keith Miller in Tyler and Blake C. Erskine of Erskine & McMahon LLP in Longview. A jury trial is requested.

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

Case No. 2:13-cv-00223

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