HOUSTON — A man who was struck by a vehicle while on the shoulder of a highway after his truck tire blew out is claiming negligence.
Dennis Jean Sousa filed a complaint Jan. 23 in Harris County District Court against Demontrond Auto Country Inc., Lionshead Speciality Tire & Wheel LLC, Hertz Vehicles LLC, Juan Bandera Perez and Albert Pina alleging strict liability and negligence.
According to his complaint, Sousa was driving on IH-10 in Fayette County on July 31, 2021. He claims one of the tires on the trailer he was pulling failed which caused him to pull over onto the shoulder. Sousa further claims as he exited his vehicle and stood on a grassy area near the shoulder to call for help, he was struck by a vehicle driven by Perez and was launched into the air.
He alleges the impact sent him several feet down and into a ditch which caused him to suffer injuries to his head, neck and back. He alleges the tire manufacturer, Lionshead and Demontrond, sold and marketed a defective and dangerous tire as well as failed to recall the subject tire while concealing its known dangers.
Sousa also alleges Perez's negligence for failing to maintain a proper lookout or take evasive action to avoid the collision.
Sousa seeks monetary relief of more than $1 million, interest and all other just relief. He is represented by Muhammad Aziz, Karl Long and David Baluk of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner in Houston and Steven Shellist of The Shellist Law Firm in Houston.
Harris County District Court case number 2022-04281