Turning truck caused vehicle to flip, suit claims

By Kelly Holleran | Jul 12, 2010

A woman claims her vehicle rolled off the road and flipped several times after being hit by a truck that was turning into a company entrance.

Holli Tindall filed a lawsuit June 28 in Jefferson County District Court against Peach County Enterprises, doing business as Terriwill Hauling, Jonathan Edwards and ICO Polymers.

According to the suit, Tindall and her 4-year-old daughter were traveling west in the right lane of Highway 90 in a 2001 Chevrolet Tahoe on Aug. 11, 2008, when Edwards, who drove a 200 Freightliner pulling a flatbed trailer, attempted to turn right into the entrance of ICO Polymers.

At the time he tried to make the turn, Edwards drove in the left lane and cut across the outside lane where Tindall drove, according to the complaint.

"The collision ran her off the road to the right, causing her vehicle to roll over several times," the suit states. "Mrs. Tindall was treated by EMS at the scene and transported to Christus St. Elizabeth Hospital via Priority One ambulance."

At the time of the collision, Tindall's 4-year-old daughter, Avery, rode in the vehicle with her. In addition, Tindall was 20 weeks pregnant, the complaint says.

Because of the accident, Holli Tindall claims she incurred medical costs, experienced physical pain and suffering, lost her earnings and her earning capacity, suffered property damages and sustained mental anguish.

Avery Tindall incurred medical costs, experienced physical pain and suffering and sustained mental anguish, according to the complaint.

Tindall blames Edwards for causing the accident, saying he negligently failed to keep a proper lookout for her safety, failed to exercise proper procedure in changing lanes and drove inattentively.

She says Terriwill Hauling should be responsible for the actions of its employee, Edwards, and that ICO Polymers created a safety hazard when it did not allow enough room for delivery trucks to safely make an entrance.

In her complaint, Tindall seeks a judgment within the minimum jurisdictional limits of Jefferson County District Court, plus pre-judgment interest at the maximum amount allowed by law, post-judgment interest at the legal rate, costs and other relief to which she may be entitled.

E. Hart Green of Weller, Green, Toups and Terrell in Beaumont will be representing her.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E187-161.

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