MARSHALL - After being rear-ended while attempting to merge onto Interstate 30, a California resident has filed a lawsuit against a Grand Prairie man and his employer claiming the driver was negligent for not keeping a proper lookout.
Kenneth Warren filed suit against Haynes Enterprises Inc. and Donald Edward McGee on April 2 in the Eastern District of Texas, Marshall Division.
Warren had entered the Interstate Highway 30 and was attempting to reach highway speed. According to the lawsuit, Warren was well established in the outside westbound lane of the Intestate when the defendant struck the rear of Warren’s vehicle. At the time of the accident, defendant Warren was operating a commercial motor vehicle on behalf of the defendant Haynes Enterprises.
Defendant McGee is accused of driver inattention, failing to keep a proper lookout, failing to control speed, and failing to keep a safe distance between the vehicles.
Defendant Haynes Enterprises is accused of negligence for entrusting the commercial motor vehicle to Defendant McGee, in failing to instruct, supervise, and control its employee driver, and for failing to enforce applicable codes and standards regarding the operation of the vehicle.
The plaintiff is seeking an award of damages for pain and mental anguish, physical and mental impairment, disfigurement, loss of wages, loss of wage earning capacity, medical expenses, punitive damages, interest, and court costs.
Warren is represented by Sulphur Springs attorneys B. Gregg Price and Daniel P. Roper. A jury trial is requested.
U.S. District Judge Rodney Gilstrap is assigned to the case.
Case No. 2:13-cv-00257