MARSHALL - A truck driver who was in the middle of a multiple semi-trailer collision along Interstate 20 has filed a federal lawsuit against another truck driver.

Charles Moore III and his wife, Shirley, filed suit against Manuel Smith and The Waggoners Trucking Co. on Jan. 4 in the Eastern District of Texas, Marshall Division.

According to the complaint, the accident occurred on Jan. 14, 2009, as Moore was operating a semi-trailer on IH-20 behind another semi-trailer. Defendant Smith was driving a semi-trailer behind the plaintiff's truck.

Moore states that Smith failed to control his speed, took faulty evasive action and rammed his truck into the back of Moore's. Moore's tractor-trailer was then pushed into the semi-trailer in front of him.

Smith is accused of negligence for failing to exercise ordinary care and operate the vehicle reasonably and prudently, failing to keep a proper lookout, failing to control the speed, failing to stay alert and take evasive action, failing to maintain control of his vehicle, failing to avoid the collision, and for failing to maintain a safe distance between two vehicles.

The lawsuit states the Waggoners Trucking Co. is liable for the negligence of their employee under the theory of respondent superior.

Charles Moore is seeking damages for medical expenses, loss of earning capacity, physical pain, mental anguish, physical impairment, interest and court costs. Shirley Moore is seeking damages for loss of consortium and loss of household services.

The plaintiffs are represented by Beaumont attorney David W. Starnes.

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

Case No. 2:11-cv-00004

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