Suit filed after backhoe strikes vehicle

By John Suayan, Galveston Bureau | Jan 31, 2012

GALVESTON - Barbara Cunningham has filed suit against Humble resident Juan Macias and his employer, Huff & Mitchell Inc., over a two-vehicle accident last year.

Recent court documents filed Jan. 13 in Galveston County District Court claim Macias struck Cunningham's vehicle with a backhoe belonging to Huff & Mitchell.

The suit believes that Macias was on the clock for Huff & Mitchell at the time of the wreck last April 1.

"Defendant Juan Macias negligently operated the backhoe causing the collision," the original petition says.

"As a result, [the] plaintiff incurred severe bodily injury and damages."

Cunningham blames Macias for operating the backhoe in an unsafe manner, failing to make proper application, failing to maintain a proper lookout and failing to act "as a reasonably prudent person would have under the same or similar circumstances."

She evokes the writ of respondeat superior against Huff & Mitchell for negligently entrusting the aforementioned backhoe to Macias, whom the suit labels an "incompetent and reckless" driver.

Huff & Mitchell was negligent in its hiring and safety practices and policies, according to the original petition.

Consequently, the plaintiff sues for physical pain and suffering, mental anguish, physical impairment, physical disfigurement, medical expenses and property damage.

She is represented by The Hughes Law Firm.

The case has been assigned to Galveston County 212th District Court Judge Susan Criss.

Case No. 12-cv-0048

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