MARSHALL - After a deadly tractor-trailer collision, the family of a deceased woman has filed a wrongful death lawsuit against a trucking company for failing to perform a background check on its truck driver.
Claiming the truck driver was inexperienced, Robert D. "Danny" Barr, Robert D. Barr II and John A. Barr filed suit against Acme Truck Line Inc. and Jasmin J. Jiles on Oct. 11 in the Eastern District of Texas, Marshall Division.
According to the complaint, the incident occurred on Dec. 22, 2010, as Robert Barr was traveling north on U.S. Highway 190 and Texas Highway 6, near Hearn. A tractor-trailer rig leased to Acme and driven by defendant Jasmin Jiles was traveling in the same direction.
The lawsuit states the tractor-trailer was preparing to make a right turn but Jiles steered the truck left and occupied all northbound lanes. The Barr vehicle, which was behind the tractor-trailer, attempted evasive action but was unable to avoid striking the rear of the trailer.
Elaine Barr suffered fatal injuries in the collision.
Defendant Acme Truck Line is accused of negligence for failing to adequately perform a background check, failing to properly evaluate Jiles' driving capabilities, failing to properly monitor and supervise Jiles' driving of the tractor-trailer rig, for failing to perform a criminal history on Jiles and not requiring Jiles to complete his daily driver logs.
The lawsuit is seeking wrongful death damages and damages for loss of earnings, loss of earning capacity, pain and suffering, mental anguish, loss of bodily function, mental trauma, survival damages, medical expenses, interest and court costs.
The plaintiffs are represented by John S. Ament of Ament Peacock in Jacksonville.
A jury trial is requested.
U.S. District Judge David Folsom is assigned the case.
Case No. 2:11-cv-00452