MARSHALL - After suffering injuries when their car was rear-ended by a tractor-trailer, two East Texas residents have filed a personal injury lawsuit against the owner of the truck for violating Federal Motor Carrier Safety Regulations.
Karen Lair and Joseph Zipen filed suit against Daryl Thomason Trucking Inc. on Oct. 3 in the Eastern District of Texas, Marshall Division.
The incident occurred on May 4 as Lair was driving a 2011 Kia Optima and was stopped at a red light on US Highway 59 in Corrigan. Zipen was a passenger in her vehicle.
When Lair stopped at the red light, she was rear-ended by a tractor-trailer driven by Robert Blackmon and owned by Daryl Thomason Trucking Inc., according to the suit.
Blackmon is accused of negligence for the manner in which he operated the tractor-trailer. The plaintiffs argue that Daryl Thomason Trucking is liable for Blackmon's negligence under the legal doctrine of respondeat superior.
The defendant is accused of negligence for failing to maintain an assured clear distance with Lair stopped for the red light, failing to maintain his attention and keep a proper lookout, failing to properly control his vehicle and for failing to control his speed.
Lair and Zipen are seeking damages for physical pain, mental anguish, torment and suffering, medical expenses, physical impairment, loss of earnings, loss of earning capacity, interest and court costs.
The plaintiffs are represented by Blake C. Erskine of Erskine & McMahon in Longview and Keith Miller of Law Office of Keith Miller in Tyler.
A jury trial is requested.
U.S. District Judge David Folsom is assigned to the case.
Case No. 2:11-cv-00441