According to court documents, Eric Obregon, a child from Plano, Texas, sustained personal injuries from being struck and run over by the mail truck driven by postal deliveryman Halton Wright. Obregon was playing in his neighborhood’s cul-de-sac at the time of the November 2006 accident.
Jose Obregon, the father of Eric, filed a personal injury suit on September 2 in the Marshall Division of the Eastern District of Texas naming the United States as a defendant.
According to the suit, the doctrine of respondeat superior is applicable due to the postal worker being within the scope of his employment.
Obregon alleges that the personal injuries his son suffered were the direct result of the negligence, carelessness, and disregard of duty on the part of the defendant.
The suit claims negligence on the part of Wright for his failure to maintain a proper lookout or take evasive action such as applying his brakes in order to avoid a collision, failure to pay proper attention to his surroundings, and failure to “pay requisite attention as a reasonably prudent driver would.”
Obregon seeks damages for past and future medical expenses, loss of earning capacity, pain and suffering, physical impairment, and disfigurement.