MARSHALL-After an 18-wheeler failed in its attempt to pass her vehicle and caused a collision, Crystal Busby has filed suit against the driver's employer for hiring a reckless driver.
Busby, as next friend of two minors, filed suit against Daily Express on June 17 in the Eastern District of Texas, Marshall Division.
The wreck occurred on July 9, 2008, when Busby and her two children were traveling on US 59 in Harrison County. The operator of the 18-wheeler, Bobby League, admitted to a state trooper that he was attempting to pass Busby when the collision occurred.
"Due to his failure to maintain a single lane of traffic, and attempting to make a lane change when it was unsafe to do so, the 18-wheeler driven by League collided with the left rear of the vehicle driven by Ms. Busby," the lawsuit states.
Busby's vehicle was forced into the ditch, where it rolled two times before coming to a stop.
League is accused of negligence for failing to keep a proper lookout for others safety, failing to maintain a single lane of traffic and attempting to make lane change when it was unsafe to do so,
League's employer, Daily Express, is held liable under respondeat superior and accused of negligent entrustment.
Busby is seeking damages for the minor's pain and mental anguish, medical expenses, physical impairment, disfigurement, plus exemplary damages, interest and court costs.
Rockwall attorney Greg Gray of The Gray Law Firm is representing the plaintiff. Jury trial requested.
U.S. District Judge David Folsom is assigned to the case.
Case No. 2:10cv00203