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In the 151st District Court Of  HARRIS COUNTY, TEXAS – Houston truck accident lawyer, Gordon, Elias & Seely, LLP, represent a 56 year old man from Pontotoc, MS who was injured by a semi truck driver employed by CANNONBALL TRUCKING, INC. at the time of the incident.

GENERAL
ALLEGATIONS:

The accident occurred on May 27, 2010 at about 1:23 P.M. when Plaintiff was traveling eastbound in the right inside lane in the 5900 block of State Highway 225 in a 2007 GMC Yukon Denali. Traveling ahead of Plaintiff was Mr. Pratt, the Defendant. Mr. Pratt was traveling eastbound in the left inside lane in the 5900 block of State Highway 225, driving a 2007 Ford F350 truck pulling a 2006 flatbed utility trailer, when a metal pipe fell from the trailer’s unsecured load onto the roadway. Mr. Payne’s vehicle struck the pipe, which caused his vehicle to careen into the concrete median barrier, a tire to blowout, property damage to Mr. Payne’s vehicle and personal injuries to Mr. Payne.

PLAINTIFF:

Plaintiff is a 56 year old married man and has been self-employed as a group health insurance broker. He is working and recently moved to Pontotoc, MS.

INJURIES
SUSTAINED:

Due to this accident, Plaintiff injuries include his back, neck, left knee and the stump of his amputated leg (amputation was due to a prior self-inflicted wound).

Plaintiff was treated by Dr. Rodriguez who performed surgery of  anterior and lateral meniscus tears of the left knee with below knee amputation on August 11, 2011. Plaintiff still has pain in the stump. Dr. Rodriguez suspects a damaged nerve.

Mr. Wilson, attending prosthetics, saw Plaintiff from June 3, 2010 to August 11, 2011 for 12 outpatient visits for provision of a new Left BKA Prosthesis. The dispensation of this prosthesis was necessitated by the state of disrepair of his old prosthesis which was eight years old and the unmanageable level of soft tissue atrophy secondary to Cancer. During the course of treatment all went as well as expected with the exception of ongoing distal tibial pain which persisted in spite of intensive prosthetic intervention. It was noted on 6/28/11 that RMI indicates osteophytes at the end of his tibia, at which time further modifications to the prosthesis were made. During this visit Mr. Wilson mentioned to Plaintiff that in the 30 years he has helped him with his prosthetic restoration he has never known him to have the presence of osteophyte formation and he believes that this could conceivably be the result of trauma and injury sustained during his vehicular accident. It’s quite likely this formation of osteophytes will necessitate on going prosthetic intervention and more than likely medical intervention.

DEFENDANTS:

MIKE PRATT – resides in Texas City, Texas and was the driver who negligently operated the truck and trailer. Mike Pratt was in the course and scope of his employment with Defendant, Cannonball Trucking, Inc.

MIKE TRUE -  resides in Houston, Harris County, Texas and was the owner of the trailer and on information and belief; he improperly loaded the trailer, failed to establish properly loading procedures, and/or failed to oversee the loading process.

CANNONBALL
TRUCKING, INC. -  is a Texas business that is incorporated in Texas and was the owner of the truck and employer of Michael Pratt.

NEGLIGENCE:

Against PRATT and CANNONBALL TRUCKING (Respondeat Superior)

PRATT’s negligent operation of the Truck and Trailer resulting in a hazardous condition on a public roadway. PRATT and CANNONBALL TRUCKING are negligent for the following reasons:

a. Failing to properly secure the pipe and/or ensuring that it was secured properly;
b. Failing to seek proper training about securing loads;
c. Failing to keep a proper lookout;
d. Failing to control his speed; and,
e. Failing to take a non-highway route, so he could have traveled at a speed that lessened the possibility of his load falling off his truck.

Plaintiff will further show that, at all material times hereto, PRATT was acting within the course and scope of his employment or agency relationship with CANNONBALL TRUCKING, INC., for the purposes of respondent superior liability at the time of the accident made the basis of this suit.

Against CANNONBALL TRUCKING (direct negligence)
CANNONBALL TRUCKING is independently negligent for:

a. Failing to implement proper loading procedures;
b. Negligently hiring PRATT; and,
c. Negligently training PRATT.

Against TRUE (direct negligence)
Plaintiff alleges that True was negligent for the following reasons, on information and belief:

a. Improperly loading the Trailer;
b. Failing to establish proper loading procedures; and,
c. Failing to oversee the loading process.

Res Ipsa Loquiter
Plaintiff pleads the theory of res ipsa loquiter against all defendants.

DAMAGES:

Defendants’ negligence was a proximate cause of the occurrence and of the following injuries and damages suffered by Plaintiff:

a. Plaintiff has incurred reasonable and necessary medical expenses in the past, and, in all reasonable medical probability, will incur reasonable and necessary medical expenses in the future;

b. Plaintiff has suffered physical pain and suffering in the past, and, in all reasonable probability, will continue to suffer physical pain in the future;

c. Plaintiff has suffered mental anguish in the past and, in all reasonable probability, will continue to suffer mental anguish in the future;

d. Plaintiff has sustained a loss of wages in the past and/or loss of earning capacity in the past and, in all reasonable probability, will continue to sustain a loss of earning capacity in the future;

e. Plaintiff has suffered physical disfigurement in the past and, in all reasonable probability, will continue to suffer physical disfigurement in the future; and,

f. Plaintiff has suffered physical impairment in the past and, in all reasonable probability, will continue to suffer physical impairment in the future.

20. Plaintiff seeks damages in an amount that is within the jurisdictional limits of the court.

COMMENTS:

Plaintiff pleads the theory of res ipsa loquiter against all defendants. Res ipsa loquiter is a rebuttable presumption or inference that the defendant was negligent, which arises upon proof that the instrumentality or condition causing the injury was in the defendant’s exclusive control and that the accident was one that ordinarily does not occur in the absence of negligence.

Mike Pratt and Cannonball Trucking are represented by Ronald Bair with Bair*Hilty. Mr. True has not been served; a Substitution of Service has been filed.


Gordon Elias & Seely, LLP recommend that if you know anyone who has been injured or killed as the result of a commercial truck accident involving a semi truck, 18 wheeler, big rig, tractor trailer or bus, tell them to immediately contact a qualified truck accident lawyer for advice. Gordon, Elias & Seely LLP are licensed in Arkansas, Texas, Louisiana and Washington, DC and have informal relationships with other truck accident lawyers.

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