A man has filed suit against the driver who he claims failed to yield the right-of-way, causing a collision.
Tony Garcia claims he was driving east on U.S. Route 67 in Morris County on July 9, 2013, when defendant Shawn McCoy Henderson, who was driving on U.S. Route 77, attempted to make a left turn onto U.S. Route 67.
"Defendant Henderson failed to yield the right-of-way and made an unsafe left turn," according to the suit filed Sept. 4 in the Marshall Division of the Eastern District of Texas. "Plaintiff Garcia attempted to avoid colliding with the vehicle operated by defendant Henderson. As a result of said negligence defendant Henderson's vehicle collided with the 2007 Peterbuilt owned by Shawn Gibson Trucking."
Because of the collision, Garcia incurred medical costs, suffered injuries including a static scapholunate ligament injury with disassociation of the right wrist and endured mental anguish and physical pain, according to the complaint. He also missed about seven months of work and lost income, the complaint says.
In his complaint, Garcia is seeking a judgment of less than $75,000, plus attorney's fees, costs and other relief the court deems just.
J.P. Longacre of Idabel will be representing him.
U.S. District Court case number: 2:14-CV-876
This is a report on a civil lawsuit. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.