Tractor-trailer driver sued after allegedly forcing vehicle off highway

Michelle Keahey, East Texas Bureau Oct. 14, 2013, 4:10pm

MARSHALL - A Tarrant County man has filed a lawsuit claiming he suffered extensive injuries when a tractor-trailer forced his vehicle off the highway and into the ditch.

James Brett Thomas filed suit against Steven Elevey Johnson and Werner Enterprises Inc. on Oct. 9 in the Eastern District of Texas, Marshall Division. 

The incident occurred on Aug. 30 as Thomas was traveling eastbound on State Highway 114.  According to the lawsuit, defendant Johnson was attempting to merge onto SH 114 when he lost control of his tractor-trailer and collided with Thomas. Thomas was forced off the highway and into a ditch where he collided with several trees. The plaintiff suffered extensive injuries in the accident, the suit claims.

The defendants are accused of negligence for failing to yield the right of way, failing to keep a proper lookout, failing to pay the degree of attention, failing to take evasive action to avoid the collision at issue, operating the vehicle in an inconsistent manner and failing to maintain his vehicle in proper operating condition.

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

Thomas is represented by Paul M. Boyd and Aleyna C. Derrick of Boyd & Brown P.C. in Tyler. A jury trial is requested.

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

Case No. 2:13-cv-00802

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