MARSHALL-A wrongful death lawsuit has been filed against a Tyler automotive dealer for allowing a temporary worker to drive a delivery truck with bald tires.

Michael Frazier and Amy Frazier, individually and as heirs of Andrew Frazier, filed suit against Tyler Motor Co. Inc. doing business as Hall Volvo GMC, Hall Buick GMC, Hall Buick Pontiac GMC and Hall Isuzu Truck on Dec. 30 in the Eastern District of Texas, Marshall Division.

The accident occurred on Feb. 9, 2009, as Andrew Frazier was driving a delivery truck from the defendant's lot. According to the lawsuit, Frazier attempted a routine lane change from the middle lane of eastbound Highway 31 West into the inside lane when the truck began to hydroplane sideways. The truck collided broadside with an oncoming pickup truck inside the middle lane and Frazier suffered fatal injuries.

The defendants are accused of negligence for allowing Frazier to operate a motor vehicle with bald tires, failing to maintain the truck in a safe and drivable condition, failing to provide safe and correct equipment, failing to establish and/or follow safety rules and failing to provide a safe working environment for Frazier.

Further, the defendants are accused of discharging a previous employee for complaining about the condition of the delivery truck.

The family members are asking the court for an award of actual damages for loss of care, maintenance, support, services, advice, counsel and contributions, loss of society, emotional support and happiness, for mental depression and anguish, grief and sorrow, punitive and exemplary damages, interest and court costs.

The plaintiffs are represented by Darren K. Coleman and Bradley R. Echols of Boon, Shaver, Echols & Coleman in Longview and Erick Platten of Law Offices of Erick Platten in Tyler.

A jury trial is requested.

Case No. 2:10-cv-00603

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