TEXARKANA - A New Boston man, who was involved in a severe collision on Interstate 30 in Bowie County, has filed a lawsuit claiming that the other driver failED to keep a proper lookout.
Ernest Edward Shelton Jr. filed suit against Gerland Toms and PGD IV on May 16 in the Eastern District of Texas, Texarkana Division.
The incident occurred on April 4, 2011, while Shelton was eastbound on Interstate 30 in the right lane. According to the lawsuit, Gerland Toms was operating a vehicle owned by the defendant PGD IV and was eastbound on Interstate 30 in the left lane.
Shelton states that the right front tire of defendant's vehicle failed and caused the defendant to veer into Shelton's lane. They had a violent collision, which forced Shelton off the road and into a tree.
Defendant Gerland Toms is accused of negligence for failing to keep such a lookout as a person using ordinary care would have kept, failing to make such application of brakes as a person using ordinary care would have made, failing to insure that his commercial vehicle was properly equipped for safe travel and faulty evasive action.
Defendant PGD IV is accused of negligence in its hiring, training, supervision and retention of defendant Toms, for entrusting its vehicle to defendant Toms, and for failing to properly maintain their vehicle.
The plaintiff is asking the court for an award of damages for medical expenses, physical pain, suffering, mental anguish, loss of earning capacity, physical impairment, property damage, loss of use, lost profits and court costs.
Shelton is represented by Matthew B. Flanery and Darren Grant of Grant & Flanery P.C. in Tyler. A jury trial is requested.
U.S. District Judge Michael H. Schneider is assigned to the case.
Case No. 5:12-cv-00049