GALVESTON - The widow of a man who died in a motorcycle crash in Houston has filed suit on behalf of their children.
In a lawsuit filed Aug. 30 in the Galveston Division of the Southern District of Texas,
Roger Dale Rice was killed on Aug. 15 after a collision with Shirley Bobyk, who was driving a truck for her employer Imperial Transport Co.
Court papers filed by Rice's wife Katherine, state the decedent was operating his 1980 Honda motorcycle southbound on the Southwest Freeway prior to the crash.
According to the original petition, Bobyk failed to yield the right of way and attempted to turn left into a private drive, causing Rice to strike the back wheels of her trailer.
Rice was thrown from his motorcycle and sustained serious injuries, the suit states.
"Because of defendant Shirley Bobyk's negligence, Roger Dale Rice eventually died from his injuries resulting from this accident," it states.
Bobyk is blamed for failing to maintain a safe distance, failing to maintain a proper lookout and failing to take evasive action to avoid a collision while Imperial is cited for respondeat superior.
Consequently, the estate of Roger Dale Rice seeks unspecified monetary damages and a jury trial.
Burwell Nebout is representing Katherine Rice and the couple's children.
U.S. District Judge Kenneth M. Hoyt is presiding over the case.
Case No. 3:11-cv-403