MARSHALL - A Lindale man has filed a personal injury lawsuit claiming that a vehicle wreck has negatively affected his outgoing lifestyle.
Michael Berry filed suit against Autozone Inc. on March 1 in the Eastern District of Texas, Marshall Division.
According to the suit, the incident occurred on Sept. 14, 2011, as Berry was driving a Toyota pickup truck northbound on CR 431 in Smith County. He states that an employee of Autozone failed to yield the right of way and drove into the right front quarter side of plaintiff's vehicle. Berry suffered injuries to his shoulder, neck, abdomen and left knee, the suit states.
The defendant is accused of negligence for the manner in which its employee operated the company vehicle.
The plaintiff is asking for more than $75,000 in damages for physical pain and mental anguish, emotional pain, torment and suffering, medical expenses, physical impairment, loss of earnings, loss of earning capacity, and interest.
Berry is represented by Tyler attorney Keith Miller and Blake Erskine of Erskine & McMahon in Longview. A jury trial is requested.
U.S. District Judge David Folsom is assigned to the case.
Case No. 2:12-cv-00084