A Jasper County couple has filed a lawsuit against trucking company after their vehicle was struck by a tractor-trailer, which allegedly changed lanes when it was unsafe.
Darmarcus Sells and Marell Sells filed suit against Celadon Trucking Services Inc. and Brian Langlois on Nov. 30 in Jefferson County District Court. The defendants removed the case to the Eastern District of Texas, Beaumont Division on Jan. 4.
The crash occurred on March 24 when Darmarcus Sells was traveling on Interstate 10 in Jefferson County. According to the lawsuit, the collision occurred when defendant Brian Langlois unsafely changed lanes and violently struck Sells' vehicle on the back left side.
Sells states he suffered serious and permanent injuries to his back, which required surgery. At the time of the collision, Langlois was within the scope of his employment with Celadon Trucking Services.
The defendant is accused of negligence for hiring and retaining a reckless or incompetent driver, entrusting a tractor-trailer to a reckless or incompetent driver, failing to properly train Langlois in the safe operation of a tractor-trailer, failing to properly supervise Langlois' driving activities.
Langlois is accused of negligence for failing to maintain a proper lookout, failing to maintain a single lane of traffic, failing to proceed with safety while changing lanes in order to avoid the collision with the Sells' vehicle, failing to maintain proper control of the tractor-trailer and for failing to use care of a reasonably prudent person in the operation of the tractor-trailer.
The plaintiffs are asking the court for an award of medical care expenses, physical pain and suffering, mental anguish, physical impairment, disfigurement, loss of earnings, punitive damages, loss of love, affection, protection, emotional support, companionship, care and society, loss of consortium, loss of services, exemplary damages, interest and court costs.
Sells is represented by Michael Nacol, Lori L. Brown, Jeff Musselwhite of the Law Offices of Michael Nacol in Houston. A jury trial is requested.
U.S. District Judge Ron Clark is assigned to the case.
Case No. 1:12-CV-00009