Lawsuit claims driver fell asleep and caused vehicle collision

MARSHALL - Asking for more than $100,000 in damages, a Tyler man has filed a federal lawsuit against the employer of a sleeping driver who allegedly caused a violent rear-end collision in Tyler. 

Robert D. Turner III filed suit against AKZO Nobel Paints on Sept. 7 in the Eastern District of Texas, Marshall Division.

The accident occurred on July 9 as Turner was traveling Eastbound on Loop 323 WSW in Tyler. Turner was stopped in the inside turn lane when one of defendant’s driver violently rear-ended plaintiff.

Defendant’s driver, Chase Austin Nick is accused of negligence for failing to control his speed, failing to keep a proper look-out, failing to properly apply his brakes, failing to take proper evasive action in order to avoid a collision, failing to maintain an assured clear distance, failing to stay awake and failing to stay in his lane of traffic.

The plaintiff is seeking an award of more than $100,000 in damages for physical pain, mental anguish, medical expenses, lost wages, physical impairment, physical disfigurement, interest and court costs.

Turner is represented by Longview attorney G.R. Randy Akin P.C. and Tyler attorney Keith Miller. A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:12-cv-00588