Robbie Hargett Nov. 11, 2015, 2:55pm


A Tyler man is suing VFS, alleging negligence for injuries he sustained in a vehicle collision.

Dylan Malone Jr. filed a lawsuit Nov. 9 in the Marshall Division of the Eastern District of Texas against VFS US, alleging negligence, negligent entrustment, gross negligence, and negligent hiring, retention and control.

On Sept. 19, the suit states, Malone was driving on Loop 323 in Tyler when a vehicle owned or leased by VFS and being driven by its employee, Heriberto Lopez Hernandez, was stopped unsafely and illegally on the highway, causing a collision.

The suit alleges VFS, through its employee, was negligent in stopping on a highway in an unsafe manner or location, failing to warn other motorists the vehicle was stopped on the highway, failing to activate emergency warning lights on the vehicle, and failing to place safety warning devices and/or cones behind the vehicle.

The suit alleges VFS was further negligent in entrusting the vehicle to an incompetent driver.

As a result, the suit says, the plaintiff sustained severe injuries, pain and mental anguish, loss of earnings and earning capacity, physical impairment and disfigurement, and medical expenses.

Malone seeks actual damages, interests, punitive and exemplary damages, attorney fees and court costs. He is represented by attorney Luke F. Bickham of Tyler.

Marshall Division of the Eastern District of Texas case number 2:15-cv-01753

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