Scheduling order entered in $20M suit over fatal wreck

Unless the case settles or is dismissed, a little over a year from now an automobile collision lawsuit seeking $20 million in damages will go to trial.

As previously reported, Kara Holland, Chris Holland, Walter Holland and Rebecca Musser filed suit against Overbye Transport on July 31 in the U.S. District Court for the Southern District of Texas Galveston Division.

The family of the late John Holland accuses Overbye of employing the truck driver who struck and killed their father.

Court records show a scheduling order was entered in the case on Nov. 21, slating a trial for January 2016.

The order further calls for experts to be designated by March 1 and discovery to be completed by July 1.

The lawsuit alleges John Holland was crossing Interstate 45 on Oct. 17, 2012, when a driver for the defendant struck him. Because of the collision, John Holland died.

Allegedly, Overbye’s driver negligently failed to drive in a safe manner, failed to take proper evasive action, failed to drive at a safe speed, failed to timely apply his brakes, failed to keep a proper lookout, failed to honk his horn and failed to yield the right-of-way.

On Sept. 15 Overbye answered the suit, asserting the incident was an “unavoidable accident.”

The family of John Holland claims they lost his companionship and suffered mental anguish, and seek $5 million per person, plus costs, pre- and post-judgment interest and other relief the court deems just.

Attorney Scot G. Dollinger of Dollinger Law in Houston represents them.

Overbye is represented by Lori Pritchett, attorney for the Houston law firm Kilpatrick, White & Deas.

U.S. District Court for the Southern District of Texas Galveston Division case number 3:14-cv-00250