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SOUTHEAST TEXAS RECORD

Friday, November 8, 2024

Driver Alleges Negligence Against Employer Following Collision

State Court
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Devin Aulds has filed a lawsuit against John Doe and McCoy Corporation, alleging negligence following a car accident. The complaint was submitted on October 25, 2024, in the District Court of Harris County, Texas. Aulds claims that the incident occurred due to the defendants' failure to exercise reasonable care, resulting in significant injuries and damages.

According to the lawsuit, Devin Aulds was driving west on N Loop W Service Rd on August 29, 2023, when John Doe, an employee of McCoy Corporation operating a company vehicle, collided with her car. The complaint accuses Doe of failing to maintain a proper lookout and adhere to traffic laws, which led to the "violent collision." At the time of the accident, Doe was acting within his employment scope at McCoy Corporation. The plaintiff asserts that McCoy Corporation is vicariously liable for Doe's actions under the doctrine of respondeat superior.

The petition outlines several accusations against John Doe for negligence and negligence per se. These include driving at an unsafe speed, failing to apply brakes timely, not maintaining control over his vehicle, and violating specific sections of the Texas Transportation Code. Aulds argues that these breaches directly caused her injuries and seeks compensation for physical pain, mental anguish, disfigurement, medical expenses, lost wages, and property damage.

Additionally, McCoy Corporation faces allegations of independent negligence for its role in hiring and supervising John Doe. The plaintiff claims that McCoy failed in its duty to properly vet and train its employees and neglected to maintain its vehicles adequately. Furthermore, McCoy is accused of negligent entrustment by allowing an allegedly reckless driver like Doe to operate their vehicle.

Aulds seeks monetary relief between $250,000 and $1 million for actual damages caused by the defendants' negligence. She also requests exemplary damages due to what she describes as gross negligence by both defendants. Pre-judgment and post-judgment interest are also sought as part of the compensation package.

The case is being handled by Antonio Olvera from Pusch & Nguyen Law Firm PLLC representing Devin Aulds. It has been filed under Case ID 2024-74568 in Harris County's 55th Judicial District Court.

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