TYLER - Following a motor vehicle wreck on Highway 31, a Smith County resident has filed a lawsuit claiming that a known incompetent driver rear-ended his vehicle.
Wilton Black filed suit against Tosh Pappas and Marquita Leggins filed suit against July 26 in Smith County District Court. The defendants removed the case to the Eastern District of Texas, Tyler Division on Aug. 26.
The accident occurred on April 29, 2013, as Black was stopped on SH 31 with the intention of making a left turn.
According to the lawsuit, Pappas failed to control his speed and struck Black’s vehicle in the rear. Black’s vehicle traveled off the roadway, and rolled over, and Pappas stopped in the east-bound shoulder of SH 31.
Black claims “Pappas is a known reckless and incompetent driver,” according to the suit.
The defendants are accused of negligence, gross negligence, and negligent entrustment for failing to keep a proper lookout for Black’s safety, traveling at a faster rate of speed than a person exercising ordinary care and prudence would have traveled under the same or similar circumstances, failing to make a timely and proper application of the brakes, failing to make such turning movements of the vehicle in question as would have been made by a person exercising ordinary care and prudence would have traveled under the same or similar circumstances, failing to take proper evasive action to avoid the collision, and for failing to control speed.
The plaintiff is seeking an award of damages for physical pain, mental anguish, physical impairment, disability, disfigurement, lost wages, lost earning capacity, medical expenses, interest, court costs and attorney’s fees.
Black is represented by John F. Walker III of Martin Walker in Tyler.
U.S. District Judge John D. Love is assigned to the case.
Case No. 6:13-cv-00611