LUFKIN - An Indiana trucking company is being sued for more than $75,000 after one of its truck drivers fails to yield the right of way, runs through a red light and collides into another vehicle.
Amanda Hart filed suit against Kevin E. Chaney Sr. and Recycled Goods & Trucking Co. Inc. on Feb. 8 in the Eastern District of Texas, Lufkin Division.
The accident occurred on Feb. 25, 2010 as Hart was driving her 2003 Cadillac Escalade in Timpson. She states that defendant Chaney, who was driving a 1995 Mac truck, failed to yield the right of way and collided into her as she attempted to cross Highway 59. Hart injured her neck, back, head and left side.
Chaney is accused of negligence for failing to yield the right of way, failing to properly apply brakes in order to avoid the collision, failing to keep a proper lookout, for driving in a reckless manner, failing to stop at the red traffic signal in his lane of travel, and for driving at an excessive rate of speed.
Defendant Recycled Goods & Trucking Co. had the right to control all the activities of defendant Chaney and is therefore liable under the doctrine of respondeat superior, Hart argues.
The plaintiff is asking the court for an award of damages for physical pain, suffering and mental anguish, medical expenses, physical impairment, loss of earnings, loss of earning capacity, interest and court costs.
Hart is represented by Jeff Badders of Badders Law Firm in Nacogdoches. A jury trial is requested.
Case No. 9:12-cv-00023