Liquor store sues after tractor-trailer tire hits electrical box, causes fire

TYLER - A liquor store has filed a lawsuit against a tractor-trailer company claiming that their business caught fire as a result of a tire from tractor-trailer hitting its electrical box.

Tang Inc., doing business as Hills Drive Thru Liquor, filed suit against Thomas Trucking and Timothy Dewayne Pugh on May 16 in the Eastern District of Texas, Tyler Division.

According to the lawsuit, on Nov. 29, 2012, a tractor-trailer’s front right tire, rim and brake shoe broke off the axle and headed in the direction of Hills Drive Thru Liquor. The tire and rim traveled across the plaintiff’s parking lot and crashed through the front of plaintiff’s building. 

The suit says the tire struck an electrical breaker box inside the facility and started an electrical fire. The fire consumed the plaintiff’s inventory and resulted in Hills Drive Thru Liquor having to cease business for many months during repairs.

The defendants are accused of negligence for failing to properly maintain and inspect the tractor and its wheels sufficiently to prevent a wheel imbalance and the sheering of the wheel attachments and total wheel separations.

Tang is seeking an award of actual damages for lost earnings and revenue, damages for the interruption of Tang’s business operations and for the loss of good will, damages to Plaintiff’s building, inventory, and other personal property, liquidated damages, exemplary damages, interest and court costs.

The plaintiff is represented by Jeffrey T. Embry and George Cowden IV of Hossley & Embry LLP in Tyler and Gregory S. Porter of Porter Law Firm P.C. in Tyler.

A jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 6:13-cv-00407