TYLER — An Angelina County motorist is suing a New Mexico truck owner and driver, alleging their negligence caused a crash that injured the plaintiff.
James Oliver filed a complaint March 31 in the Tyler Division of the Eastern District of Texas against Koch Construction Co., Inc. of Albuquerque and Agustin SanMartin, alleging Koch negligently hired, trained, retained and/or supervised SanMartin.
According to the complaint, on April 9, 2015, Oliver was driving westbound, had the right of way and proceeded into the intersection of state Highway 21 and U.S. Highway 69 in Cherokee County when SanMartin, who was driving a truck owned by Koch, negligently struck the driver’s side front quarter panel of the plaintiff’s vehicle.
The suit says Oliver sustained injuries resulting in medical expenses, loss of earnings and pain and suffering. The plaintiff alleges SanMartin allegedly failed to yield the right of way, failed to maintain a proper lookout and failed to take evasive action.
Oliver seeks trial by jury, actual damages, pre- and post-judgment interest, costs of suit and all other relief. He is represented by attorneys Kirk Mathis, George Chandler and Stephen R. Walker of Chandler, Mathis & Zivley PC in Lufkin.
Tyler Division of the Eastern District of Texas Case number 9:17-cv-00047