Driver sues after being rear-ended by Fedex vehicle

By Michelle Massey, East Texas Bureau | Aug 5, 2010

MARSHALL-A Dallas County resident has filed a lawsuit against FedEx after one of their drivers rear-ended her vehicle while she was having car trouble.

Mary Bursey filed suit against FedEx Corp., FedEx Freight Corp. and Hosea Smally Jr. on Aug. 2 in the Eastern District of Texas, Marshall Division.

The collision occurred on Aug. 8, 2008, while Bursey was traveling along Interstate 20 in Lindale. Bursey states she was having car troubles when she was rear-ended by the FedEx driver.

The defendants are accused of failing to keep a proper lookout, failing to control speed and failing to timely apply the brakes, failing to take proper evasive action, failing to remain attentive to traffic and other conditions and failing to yield the right of way.

Bursey is seeking damages for medical expenses, physical pain and suffering, mental anguish, physical impairment, loss of earning capacity, loss of body member, disfigurement, fear of future disease or condition, medical monitoring and prevention, interest, and court costs.

Dallas attorney Daryoush Toofanian of the Rad Law Firm is representing Bursey.

U.S. District Judge T. John Ward is assigned to the case.

Case No. 2:10cv00282

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