MARSHALL - A Texas resident is suing a trucking company for hiring an incompetent driver after the truck driver crossed the center stripe and struck his vehicle while he was driving on Highway 315.

Finis Clay Burden filed suit against GLT Transport, L.L.C. and Gregory Durrayl Charles on July 18 in the Eastern District of Texas, Marshall Division.

Burden was operating a 2012 GMC 1500 pickup truck traveling southwest-bound on Texas Highway 315 in Rusk County. Defendant Charles was driving a 2005 Freightliner tractor and towing a trailer northeast-bound on Texas Highway 315.  According to the lawsuit, the defendant crossed the center stripe, entered the southwest-bound lane of traffic and struck Burden’s vehicle.

The defendants are accused of negligence for failing to keep a proper lookout, failing to timely apply his brakes, failing to control the vehicle, failing to act and/or respond in a reasonable manner, failing to control the speed of the vehicle, for entrusting, hiring and retaining the truck to an “unlicensed, incompetent and/or reckless driver,” for failing to properly train its driver, and for violating the Transportation Code.

The plaintiff is seeking an award of damages for medical expenses, physical pain and suffering, mental anguish, physical impairment, physical disfigurement, loss of earning capacity, interest, and court costs.

Burden is represented by Brent Goudarzi of Goudarzi & Young L.L.P in Gilmer. A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00550

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