MARSHALL - A truck driver is suing the owner of a tractor-trailer after the truck's brakes failed and he was injured in a rollover wreck.
Jose Gomez filed suit against Weatherford International Inc. on June 15 in the Eastern District of Texas, Marshall Division.
The accident occurred on May 20, 2010, as Gomez was operating a 2001 Mack truck owned by Weatherford. Gomez states the brakes in the truck failed and he went through the intersection and rolled onto an embankment.
"Although Plaintiff was operating his vehicle in a safe and prudent manner, he was unable to avoid the accident due to the brake failure on the truck and trailer," the lawsuit states.
Gomez argues that Weatherford should have known that the braking system on the truck and trailer were not in proper working condition and that the brakes were inoperable thereby creating an unreasonable risk of danger.
The plaintiff is seeking damages for physical pain and mental anguish, medical expenses, physical impairment, lost earnings, loss of earning capacity, punitive damages, interest and court costs.
Gomez is represented by Garret Wilson of The Monsour Law Firm in Longview. A jury trial is requested.
U.S. District Judge T. John Ward is assigned to the case.
Case No. 2:11-cv-00287