A woman has filed suit against American Dust Control Inc. for entrusting a company van to a reckless or incompetent driver, leading to a collision that caused her husband fatal personal injuries.
On April 6, Morgyn Walston filed suit as an individual and as a temporary administrator of the estate of Carson Johnston in the Texarkana Division of the Eastern District of Texas, naming American Dust Control and its driver Terry Peevy as defendants.
The collision took place during a heavy rainfall in October 2008.
The suit claims Johnson was driving along the highway when an American Dust Control van driven by Peevy “violently” struck his vehicle, killing him.
The suit alleges negligence on the part of Peevy for failure to maintain a proper lookout, failure to maintain control of his vehicle, failure to properly control his speed, driving his vehicle in a speed exceeding a reasonable and prudent level under the circumstances, driving inattentively, failure to exercise ordinary care for the safety of himself and others, and failure to maneuver in order to avoid a collision.
The suit alleges negligence on the part of American Dust Control through its hiring of Peevy.
The suit seeks damages for medical and funeral costs, mental anguish, lost life, conscious pain and suffering, property damage, lost wages, scars, disfigurement, and visible results of injuries on behalf of Johnson’s estate. It also seeks damages for pecuniary losses, including lost earnings and service, mental anguish, emotional pain and suffering, lost consortium, affection, solace, comfort, companionship, martial relations, society, assistance, emotional support, love, and lost inheritance.
Walston seeks a trial by jury.