MARSHALL - A logging company is being sued after one of its employees allegedly failed to yield the right of way and caused a motor vehicle wreck in the middle of an intersection in Marshall.
Robert J. Klorik filed suit against James Walker and Raymond Hines, doing business as Hines Logging, on Nov. 13 in the Eastern District of Texas, Marshall Division.
The crash occurred on Oct. 7, 2011, as Klorik was traveling southbound on State Highway 43 preparing to turn left on FM 134. According to the suit, defendant Walker was stopped at the intersection of SH 43 and FM 134 waiting to turn left and travel southbound on SH 43. Walker began to turn left onto SH 43 at the same time that Klorik began to turn left, the suit states. Walker allegedly failed to yield the right of way and caused a collision with Klorik in the middle of the intersection, according to the suit.
Klorik allegedly suffered serious and disabling bodily injuries.
Walker is accused of negligence for failing to maintain a proper lookout, failing to yield the right of way to Klorik, entering the traveling public roadway when it was unsafe, failure to timely apply brakes and failing to maintain proper control of his vehicle.
Defendant Hines is liable for the acts and omissions of his employees based on respondeat superior, the lawsuit states.
The plaintiff is seeking an award of damages for physical pain and suffering, mental anguish, physical impairment, medical expenses, disfigurement, impairment, loss of earnings, interest and court costs.
Klorik is represented by Bruce A. Smith, T. John Ward Jr. and T. John Ward of Ward & Smith Law Firm in Longview. A jury trial is requested.
U.S. District Judge Rodney Gilstrap is assigned to the case.
Case No. 2:12-cv-00717