LOUISIANA RECORD

A St. Tammany Parish couple has filed a lawsuit against the driver and owner of a disabled tractor-trailer over injuries sustained on Interstate 12.

Aubrey Mizell Jr. and Hermelinda Mizell filed suit against SUA Insurance Services Inc., Rodeo Transportation and Andre Thomas on Oct. 5 in federal court in New Orleans.

According to the complaint, Aubrey Mizell was driving on Interstate 12 on March 1, when he collided with a drive shaft that had been lost from a 2002 Freightliner driven by Andre Thomas. Mizell states that colliding with drive shaft caused his right front tire to blow out and he lost control of his vehicle. Mizell then struck Thomas' disabled tractor-trailer that was parked on the side of the interstate, causing Mizell to be thrown about in the car.

Thomas is accused of negligence for failing to maintain a proper lookout, failing to perform adequate pre-trip inspection, failing to observe due caution, inattentiveness while driving, failing to be attentive and for failing to exercise reasonable safety for himself and others traveling on the interstate.

Rodeo Transportation is accused of negligently and carelessly failing to properly select, train and supervise their driver, for failing to screen and test their driver periodically to monitor and evaluate his safety orientation, for failing to provide remedial training of their driver and negligently and carelessly put or allowed to remain on the road an unqualified and reckless driver.

Aubrey Mizell Jr. is seeking damages for physical pain, suffering, discomfort, mental anguish, aggravation, annoyance, disability, medical expenses, loss of enjoyment of life, loss of use/function of parts of body, bodily disability, impairment of psychological functioning and disability from engaging in recreation.

Hermelinda Mizell is seeking damages for loss of consortium, companionship, society and friendship, grief, mental anguish and distress and loss of support.

The plaintiffs are represented by Slidell attorneys Michael Hingle and Bryan A. Pfleeger.

U.S. District Judge Martin L.C. Feldman is assigned to the case.

Case No. 2:10-cv-0336