SHERMAN - The wife of a deceased Midland County man has filed a lawsuit claiming that her husband suffered fatal injuries in a vehicle accident caused by a truck driver who was crossed the median of Interstate Highway 20.
Janet C. Henry, individually and as representative of the Estate of G. David Henry, Kristopher Henry and Kristen Hooper filed suit against Edward Joseph Hallahan and Powersecure Inc. on Sept. 13 in Denton County District Court. The defendants removed the case to the Eastern District of Texas, Sherman Division on Oct. 11.
According to the suit, the incident occurred on May 27 when defendant Hallahan, while acting in the scope of his employment with Powersecure, allegedly lost control of a 2006 International Truck while traveling eastbound and crossed the center median of I-20. The vehicle driven by Hallahan traveled into the westbound lanes of the highway and into an eastbound Honda vehicle, then struck a Ford pickup operated by G. David Henry.
Although G. David Henry was wearing his seatbelt, he was fatally injured in the high speed front impact. Janet Henry, who was riding as a passenger, sustained minor injuries, but witnessed her husband’s injuries and death.
The defendants are accused of negligence for failing to keep a lookout as a person of ordinary prudence would have done under the same or similar circumstances, failing to maintain his vehicle in the proper lane of travel, failing to timely apply his brakes in order to avoid the collision, driving his vehicle at a rate of speed that an ordinary and prudent person would not have done under the same or similar circumstances and failing to take proper and evasive action.
The plaintiff is seeking an award of compensatory damages for loss of companionship and society, mental anguish, pecuniary loss, physical pain, mental anguish, medical expenses, funeral and burial expenses, disfigurement and scarring, physical impairment, transportation and household expenses, court costs, exemplary damages, attorney’s fees and interest.
Henry is represented by Dale R. Rose and Mitchell R. Nolte of Gibbs Nolte Robison Rose PLLC in McKinney. A jury trial is requested.
Case No. 4:13-cv-00605