MARSHALL-Jana Freese was driving her 2008 Kia Sorento on a two-lane road when a tractor-trailer crossed the center line and hit her vehicle.
Freese died at the scene.
Roger Freese, individually and as representative of the estate of Jana Freese, deceased, and as next friend to Trevor and Travis Freese, minors, filed suit against the other driver's employer, ALSCO Inc., on March 31 in the Marshall division of the Eastern District of Texas.
According to the complaint, the accident occurred on Feb. 8 in Harrison County.
The plaintiffs claim the defendant is responsible for the actions of the driver and is therefore responsible for the wreck. The complaint states the defendant is negligent for failing to keep a proper lookout and for operating the tractor-trailer at a reckless rate of speed.
On behalf of the deceased, the lawsuit is seeking damages for conscious physical and emotional pain, torment, mental anguish, and emotional distress.
The plaintiffs are asking for an award of damages for loss of earning capacity; loss of care, maintenance, support, service, advice, counsel and reasonable contributions of a pecuniary value; loss of companionship and society; emotional distress; mental anguish; loss of inheritance; and medical and burial expenses.
Melissa Richards Smith of Gillam & Smith LLP in Marshall is representing the plaintiffs. Jury trial requested.
U.S. District Judge T. John Ward is assigned to the case.
Case No 2:10cv00115