HOUSTON - An Austin County family has filed a lawsuit against a North Carolina man in response to a two-vehicle accident late last year in Waller County.
Linda, Larry and Steve Desmit sued Concord, N.C., resident Paul Frederick Dabler Jr. in Waller County District Court on July 30.
The litigation was transferred to the Houston Division of the Southern District of Texas on Sept. 13.
Court papers show Linda Desmit was driving a brand new 2013 Ford Explorer eastbound on I-10 outside of Brookshire on Nov. 2, 2012.
She was accompanied by her unidentified granddaughter, son Steve's daughter.
Linda Desmit began to slow the Explorer for the traffic ahead when Dabler, operating a 2006 Freightliner tractor with a fully loaded 53' trailer attached, struck the SUV in the rear, the suit says.
It adds the subject event inflicted injuries to Linda Desmit's arms, legs, torso, neck, back, head and body while her granddaughter suffered injuries to her neck, back and body.
Meanwhile, the Explorer was "a total loss."
Dabler is faulted for:
- Failing to keep a proper lookout;
- Failing to make timely and proper application of the brakes;
- Failing to bring the vehicle to a stop;
- Driving the vehicle at an unsafe speed;
- Failing to take appropriate action to avoid contact with the plaintiff's vehicle; and
- Failing to maintain an assured clear distance.
A jury trial is requested.
Attorney John W. Ezell of John W. Ezell & Associates in Bellaire is representing the complainants.
Case No. 4:13-CV-2699