HOUSTON — A couple injured in a tractor trailer vehicle accident are claiming the negligence of the driver and his employer.
Ike Clayton and Sonya Clayton filed a complaint Sept. 21 in the Houston Division of the Southern District of Texas against Ditzfeld Transfer Inc., and David Turpin alleging negligence.
According to their complaint, the Claytons were driving on FM 1640 in Fort Bend County on January 2, 2020. They allege that Turpin, who was driving a tractor trailer, owned by Ditzfeld Transfer, "turned from the wrong lane" and hit their vehicle. The Claytons claim they suffered "severe injuries" due to the collision impact including physical pain and mental anguish. They also claim they suffered loss of earning capacity, lost wages and disfigurement as well as incurred medical care costs.
The plaintiffs allege Turpin's negligence for "improperly and unsafely" changing lanes, driving at a "fast rate of speed" and his failing to obtain the "necessary" training to operate the tractor trailer.
They also allege the negligence of Ditzfeld Transfer for failing to train Turpin, failing to "prohibit unnecessary cell phone use," failing to monitor or limit his driving hours and allowed Turpin to drive "while distracted and/or fatigued."
The Claytons seek monetary relief of more than $75,000, interest, trial by jury and all other just relief. They are represented by Bennett Midlo and Jason Hoelscher of Sico Hoelscher Harris LLP in Corpus Christi.
Houston Division of the Southern District of Texas case number 4:20-CV-03276