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SOUTHEAST TEXAS RECORD

Sunday, October 6, 2024

Plaintiff alleges negligence against Federal Express Corporation after serious collision

State Court
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A devastating car accident has led to a significant legal battle, with serious allegations of negligence and gross misconduct. Sarai Rodriguez filed a complaint against Federal Express Corporation and Michael Brown in the Harris County District Court on September 13, 2024.

According to the complaint, on May 2, 2024, Sarai Rodriguez was driving northbound near the 15600 block of International Plaza Drive in Harris County when she was struck by a commercial delivery truck driven by Michael Brown. Brown, who was operating the vehicle within the scope of his employment with Federal Express Corporation (FedEx), allegedly ran a stop sign and collided with Rodriguez's vehicle. The force of the collision was severe enough to deploy the airbags in Rodriguez's car and necessitate its towing from the scene.

Rodriguez claims that her injuries, which include significant trauma to her back, neck, leg, shoulders, and head, were directly caused by Brown's negligence. She asserts that she exercised appropriate caution at all times and that nothing she did contributed to the accident or her resulting injuries. The complaint outlines multiple instances of alleged negligence on Brown's part: failing to yield the right of way, not maintaining proper lookout, running a stop sign, driving while distracted and fatigued, among others.

The lawsuit also accuses FedEx of negligent hiring, training, supervision, retention, and entrustment regarding Brown. Rodriguez argues that FedEx knew or should have known about Brown’s unfitness for his role but failed to take appropriate action. Furthermore, under the doctrine of respondeat superior, FedEx is held vicariously liable for Brown’s actions since he was acting within the scope of his employment at the time of the incident.

Rodriguez is seeking over $1 million in damages for physical pain and suffering, mental anguish, medical expenses both past and future, physical impairment and disfigurement, lost earning capacity, as well as pre-judgment and post-judgment interest. Additionally, she demands exemplary damages due to what she describes as gross negligence on part of both defendants.

The case is being handled by attorneys Jason C. Webster from Webster Vicknair MacLeod and Kimberly K. Bruno from Bruno Law Group PLLC. It has been assigned Case ID 2024-62569 in Harris County District Court before Judge Bemitta Barrett.

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