MARSHALL - After suffering injuries in a car wreck on Interstate 20, Longview resident Karen Head filed a lawsuit against James M. Smith on Jan. 15 in the Eastern District of Texas, Marshall Division.
The crash occurred on Jan. 17, 2011, as Head was traveling westbound on I-20 in the outside lane. According to the lawsuit, Smith was traveling westbound on I-20 in the outside lane and accelerated his speed in an attempt to pass Head in the inside lane. Smith lost control of his vehicle and slammed into Head’s vehicle, the suit states.
Head argues that Smith was traveling at an unsafe speed for the road conditions.
The defendant is accused of negligence for:
• Failing to keep a proper lookout;
• Failing to pay that degree of attention that a person using ordinary prudence would have used under the circumstances;
• Driving the vehicle without regard for the safety and welfare of other persons or property; and
• Failing to control speed of vehicle.
The plaintiff is seeking an award of damages for physical pain, physical impairment, medical expenses, loss of actual earnings, loss of earning capacity, interest and court costs.
Head is represented by Mark P. McMahon of Erskine & McMahon LLP in Longview. A jury trial is requested.
U.S. District Judge Rodney Gilstrap is assigned to the case.
Case No. 2:13-cv-00029