MARSHALL - A Tennessee man has filed a lawsuit against a truck driver and a trucking company alleging they are responsible for causing a vehicle collision on Interstate 20 in Harrison County.

Lane Alan Gamlin filed suit against Con-Way Freight Inc. and Gregory Lee Kunze on Oct. 2 in the Eastern District of Texas, Marshall Division.

The accident occurred on May 30 as Gamlin was a passenger in a vehicle owned by his employer and being operated by his co-worker. Another tractor-trailer, driven by defendant Gregory Kunze and owned by defendant Con-Way Freight, failed to stay within its lane, lost control, and rolled over in the roadway. Plaintiff’s vehicle was unable to avoid it, and struck the tractor-trailer.

Con-way Freight is accused of negligence for failing to employ a safe and competent driver, failing to properly train, instruct and supervise. Defendant Kunze is accused of operating his vehicle in an unsafe manner and unsafe speed, failing to control his vehicle and avoid a rollover, failing to maintain a proper lookout as a person of ordinary prudence would have done under the same or similar circumstances, failing to maintain his vehicle within a single lane and for failing to maintain an assured clear distance between his vehicle and those occupying the roadway with him.

The plaintiff is seeking damages for medical expenses, loss of earnings, impairment of earnings, physical pain, mental anguish, physical impairment, physical disfigurement, loss of enjoyment of life, punitive damages, interest, court costs and attorney’s fees.

Gamlin is represented by Paul F. Ferguson Jr., John M. Lane and Ryan M. Schaper of Provost Umphrey Law Firm in Beaumont.

A jury trial is requested.

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

Case No. 2:12-cv-00632

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