Plaintiff Hit Trailer of Non-Yielding 18-Wheeler
FACTS & ALLEGATIONS
On March 24, 2001, Roel Doe, a 25-year-old tire repairman, was driving a pickup truck northbound on U.S. 281 in Hidalgo County when he collided with the trailer of an 18-wheeler. The rig had crossed Doe’s lane of travel attempting to enter a gas station and failed to yield the right-of-way.
The rig was driven by Ramon Canela, an owner-operator for IFA Trucking Inc. Doe and his wife, Jane, sued Canela, IFA Trucking, claiming vicarious liability, and another IFA Trucking owner, Rogelio A. Arvid, alleging negligence in the operation of the 18-wheeler.
The defendants argued that Doe was contributorily negligent in failing to keep a proper lookout. They further contended that IFA was not vicariously liable for Canela’s conduct because he was an owner/agent working under contract for a different trucking company at the time of the accident.
Roel was diagnosed with intra-peritoneal bleeding, a crush injury to the upper left arm with loss of muscle and soft tissue, open and closed fractures of the left forearm, a deep laceration in the left temporal area, and closed head injuries which included cerebral concussion.
Celinda claimed loss of consortium, The Doe’s sought medical specials of $162,045.40, past lost wages of $25,000.00, and unspecified damages for pain and suffering, mental anguish, physical impairment, and disfigurement.
Rob Ammons is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, in addition to being Board Certified in Civil Law by the National Board of Trial Advocacy. Rob Ammons’ law practice, The Ammons Law Firm, is located in Houston, Texas. The Ammons Law Firm practice is exclusively personal injury law, handling such cases as: tire defects, oil rig explosions, truck accidents, plant explosions, refinery accidents, wrongful death, post-collision fires, seat belt defects, airbag defects, SUV rollovers and workplace negligence.