Wrongful death case against tractor seller goes to trial

David Yates May 6, 2013, 5:24pm

Jury selection has begun in a suit alleging a woman lost her husband after a tractor flipped on top of him.

As previously reported, Thelma Baxter filed a lawsuit June 24, 2011, in Jefferson County District Court against Bad Boy Inc. and Louis’ Yazoo Sales and Services.

Thelma Baxter alleges her deceased husband, Everitt Baxter, was driving a Kawasaki Lightning Z Series lawn tractor on June 26, 2009, when the tractor rolled over and pinned Everitt Baxter underneath it. 

On Monday, May 6 jury selection began. Jurors will be tasked to decide on whether Bad Boy’s alleged negligence contributed to the incident.

According to the lawsuit, “Everitt Baxter was pinned under the lawn tractor until the EMS arrived on the scene and was pulled out from under the front of the lawn tractor. The tractor in question lacked any protection for rollover events.”

Court records show that on April 23, 2012, a motion for admission pro hac vice was filed, asking that attorney Robert Ingraham of Aurora, Colo., be admitted as counsel for plaintiff.

Pro hac vice is a legal term referring to a lawyer who has not been admitted to practice in a certain jurisdiction.

Two days later, Judge Donald Floyd, 172nd District Court, granted the motion.

Clint Brasher of Beaumont is also representing Baxter.

Because of the accident, Everitt Baxter died and Thelma Baxter lost her husband’s support, care, maintenance, support, service, advice, companionship and services and suffered mental anguish, according to the complaint

She will ask jurors to award her damages for her losses.

Case No. E190-407

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