MARSHALL - Following a motor vehicle wreck on U.S. Highway 59 in Marshall, William Ossie Porterfield and James Hollifield filed suit against D. Graham Transport Inc. and Paul S. Arendt on Aug. 13 in the Eastern District of Texas, Marshall Division.
The accident occurred on Oct. 3, 2012, as defendant Paul Arendt was operating a vehicle along the inside lane of Hwy 59 in Marshall. The plaintiff William Porterfield was traveling southbound on Hwy 59 in the center lane and merged into the inside lane ahead of Arendt.
According to the lawsuit, as Porterfield approached the intersection, the signal light turned yellow and he applied his breaks to stop. Defendant Arendt allegedly ignored the traffic control light, failed to stop and violently struck the Porterfield vehicle from behind.
The defendants are accused of negligence for failing to keep a proper lookout, failing to yield, failing to maintain a clear and reasonable distance between plaintiffs’ motor vehicle and defendant’s vehicle, operating his vehicle at a rate of speed which was greater than that would have been operated by a person by ordinary prudence and for failing to apply his brakes to his vehicle in a timely and prudent manner.
The defendants are also accused of negligent entrustment.
The lawsuit is seeking an award of damages for medical expenses, physical pain and suffering, physical impairment, loss of earnings, loss of earning capacity, interest and court costs.
The plaintiffs are represented by Josh B. Maness and Kurt Truelove of Truelove Law Firm in Marshall. A jury trial is requested.
U.S. District Judge Rodney Gilstrap is assigned to the case.
Case No. 2:13-cv-00619