MARSHALL - A Louisiana woman is suing a Marshall concrete company after she ran into one of the company's trackhoes while driving on Karnack Highway.
Sandy Dunn filed suit against Steadfast Concrete Inc. and Jesus Reyes Garcia on June 6 in the Eastern District of Texas, Marshall Division.
On March 15, Dunn was traveling southbound on Karnack Highway and defendant Steadfast was completing a construction project on a private driveway. Its employee, defendant Garcia, was driving a trackhoe in the southbound lane of travel. According to the suit, Dunn approached the area and was unable to see the flagman or the trackhoe and struck the trackhoe.
The defendants are accused of negligence for improper or inadequate lighting and retro-reflective material on the trackhoe, improper placement of flagman, improper or inadequate retro-reflective material on the flag being used by the flagman, improper training of flagman and workers of Steadfast, entering the traveling public roadway with the trackhoe when it was unsafe, improperly obstructing the southbound lane of travel and failing to yield the right of way to Dunn.
The defendants are also accused of negligence for failing to develop an appropriate traffic plan given the time of day, lighting conditions, traffic, road configurations.
The plaintiff is asking for an award of damages for physical pain and suffering, mental anguish, physical impairment, medical expenses, disfigurement, loss of earnings, interest and court costs.
Bruce A. Smith and T. John Ward Jr. of Ward & Smith Law Firm in Longview and William F. Kendig of Rice & Kendig in Shreveport are representing the plaintiff.
A jury trial is requested.
U.S. District Judge Rodney Gilstrap is assigned to the case.
Case No. 2:12-cv-00316