A Texas man is suing a carrier and one of its drivers, alleging wrongful death in a fatal vehicle collision.
Shayne Mason, as next friend of minor Jane Doe, filed a lawsuit Nov. 12 in Galveston County District Court against Jose M. Argueta and Jose Salmeron, doing business JS Express of Irving, alleging negligence, gross negligence, and negligent entrustment.
According to the complaint at approximately 11:30 p.m. Nov. 5, Cody Frankum was driving a motorcycle westbound on FM 3005 in Galveston, when Argueta, driving a tractor trailer in the scope of his employment with JS Express, attempted to make a U-turn, crossed three lanes of westbound traffic, and collided with the motorcycle.
As a result, the suit says, Frankum sustained severe injuries and died shortly after the accident, and his passenger and wife, Carol Ann Morris, sustained severe injuries and is currently in a coma. The minor, Jane Doe in this case, is the biological child of deceased Frankum.
The suit alleges the defendants were negligent in failing to observe and follow traffic laws, failing to maintain proper lookout, failing to yield to oncoming traffic, failing to safely turn and other negligent acts or omissions.
Mason seeks damages of more than $1 million, interests and court costs. He is represented by attorneys Anthony G. Buzbee, Andrew Dao, and Ryan S. Pigg of The Buzbee Law Firm in Houston.
Galveston County District Court case number 15-cv-1208.