Flying tire caused more than $75k in damages, suit claims

Michelle Massey Dec. 7, 2010, 1:50am

A Baton Rouge resident is suing a trucking company for more than $75,000 after she was injured when her vehicle drove over a tire that flew off of the tractor-trailer on westbound I-12.

Mary J. Warner filed suit against Cornhusker Motor Lines on Dec. 3 in federal court in New Orleans.

The incident occurred on Dec. 11, 2009 as Mary J. Warner was riding as a passenger in her son's vehicle near Baton Rouge behind the tractor trailer.

Warner claims that a tire or re-cap separated from the truck's wheel and flew into the air coming directly in front of the vehicle in which she was riding. She claims her son attempted to avoid the tire, but his vehicle was struck and then traveled over the tire.

Warner said she was violently thrown about in the cab of the vehicle, causing injuries to her neck, back, abdomen and rib cage.

Cornusker is accused of negligence for failing to train and supervise its employees, failing to properly maintain an owned vehicle, failing to properly and regularly inspect its vehicle and permit its vehicles to use re-capped tires on the roads and highways and failing to keep its vehicle properly repaired and inspected.

Warner is seeking more than $75,000 in damages for medical expenses, pain, discomfort, suffering, disruption, punitive damages, interest and court costs.

Warner is represented by Martin L. Broussard, Jr. of Law Office of Marty Broussard of New Orleans.

U.S. District Judge Helen G. Berrigan is assigned to the case.

Case No. 2:10-cv-04462

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