A Hardin County resident has filed a lawsuit against the U.S. Department of Homeland Security after he was rear-ended by a government employee during a mandatory hurricane evacuation order.

Drew Richard filed suit against the United States of America on Jan. 10 in the Eastern District of Texas, Beaumont Division.

The collision occurred on Sept. 21, 2008, while Richard was driving a vehicle owned by his mother. Richard states he was returning home from a mandatory hurricane evacuation order when his vehicle was struck from the rear by a vehicle operated by Kyle McKee.

At the time of the crash, McKee was within the scope of his employment for the Immigration and Customs Enforcement of the U.S. Department of Homeland Security.

The defendant is accused of negligence for failing to keep a proper lookout, for traveling at an excessive rate of speed, failing to timely apply brakes, failing to take evasive action and yield the right of way, and for failing to turn his vehicle in order to avoid the collision.

The plaintiff is asking the court for an award of damages for pain, mental anguish, disfigurement, physical pain, emotional distress, inconvenience, limitations, restrictions on his usual activities, loss of well-being, loss of pleasures and enjoyments of life, loss of earnings, loss of earning capacity, interest and court costs.

Richard is represented by Curtis L. Soileau of the Law Offices of Gilbert T. Adams PC in Beaumont.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 1:12-cv-00022

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