An Alabama man claims a driver he was attempting to pass was traveling too fast and for caused a collision.
Great West Casualty Co. and Leaston Hutson filed a lawsuit Feb. 28 in Jefferson County District Court against Shane Transportation and Spencer Jackson.
According to the complaint, Hutson was driving a tractor for Liquid Transport east on Interstate 10 in Vidor on June 3 when he attempted to pass a vehicle Jackson was driving for Shane Transportation. As Huston passed Jackson, Jackson's vehicle jack-knifed, striking Huston.
Despite the fact that Hutson was attempting to pass Jackson at the time of the collision, Hutson blames Jackson for driving too fast, saying visibility at the time was low and weather conditions were unfavorable.
"There was darkness and heavy rain at the time the accident occurred," the suit states.
At the time of the collision, Liquid Transport had an insurance policy through Great West, the complaint says. Because of damages to Liquid Transport's vehicle, Great West had to pay $18,330.53, it claims.
Hutson also experienced uninsured downtime and rental losses of $9,711, according to the complaint.
The plaintiffs blame Jackson for causing the collision, saying he negligently failed to safely operate the vehicle, failed to yield the right-of-way to other vehicles and failed to exercise due care.
In their complaint, Great West and Hutson seek compensatory and/or economic damages, punitive damages, costs, pre- and post-judgment interest and other relief the court deems just.
Jonathan L. Davenport and Jason M. Schmidt of Lewis and Backhaus in Dallas will be representing the plaintiffs.
Judge Milton Shuffield, 136th District Court, has been assigned to the case.
Case No. D189-471