TYLER - A Whitehouse resident has filed a lawsuit claiming he was seriously injured when a tractor-trailer driver failed to control the truck’s speed and collided into his vehicle.
Daniel Lelito filed suit against Bennett Truck Transport, Bennett International Group and Mark McDowell on March 5 in the Eastern District of Texas, Tyler Division.
The accident occurred on March 16, 2012 as Lelito was traveling westbound on East Texas Street in Bossier City and had slowed to a stop due to traffic. Defendant McDowell was driving a tractor-trailer rig westbound on East Texas Street and allegedly failed to control his speed. McDowell collided with the plaintiff and caused him to suffer serious injuries.
The Bennett defendants are accused of negligence for negligent entrustment, supervision, hiring, retention, training and negligence per se.
Defendant McDowell is accused of negligence for failing to keep a lookout, failing to avoid the incident in question, driver inattention, failing to properly maintain the vehicle, failing to take proper evasive action, failing to operate the vehicle as a reasonable and prudent person would have done under the same or similar circumstances.
The plaintiff is seeking an award of damages for medical expenses, physical impairment, pain and suffering, mental anguish, lost wages, loss of earning capacity, disfigurement, interest, and court costs.
Lelito is represented by Matthew B. Flanery and Darren Grant of Grant & Flanery PC in Tyler.
A jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:13-cv-00218