MARSHALL – While playing in the cul-de-sac of his Plano neighborhood in November 2006, court documents claim Eric Obregon was struck and run over by postal deliveryman Halton Wright, who was delivering mail in the area.
Eric's father Jose Obregon has filed suit against the United States on Sept 2 in the Marshall Division of the Eastern District of Texas.
The suit argues that the doctrine of respondeat superior is applicable because the postal worker was in the scope of his employment.
Obregon argues his son's injuries are due to the defendant's negligence, carelessness and disregard of duty.
The suit states that Wright is negligent for failing to keep a proper lookout or take evasive action, "failing to timely apply brakes in his motor vehicle in order to avoid a collision", "failing to remain reasonably attentive to the traffic and other conditions existing on the roadway", and "failing to pay requisite attention as a reasonably prudent driver would."
The suit is seeking damages for past and future medical expenses, lost earning capacity, pain and suffering, physical impairment, and disfigurement.
Dallas attorney Daryoush Toofanin of the Rad Law Firm is representing the plaintiff.
Judge T. John Ward is assigned to the litigation.
Case No 2:2008cv00333