Pre-impact fright damages sought from truck driver in accident suit

Michelle Massey Jan. 31, 2011, 6:41am


A Plaquemines Parish resident has filed a lawsuit against a truck driver and the truck driver's employer seeking damages for pre-impact fright and mental anguish after the tractor-trailer rear-ended his vehicle.

Daniel Scott Lott and Allyson H. Lott filed suit against State National Insurance Co., Century Surety Co., Twin City Transportation Inc. and Earl D. Hance on Jan. 18 in federal court in New Orleans.

The accident occurred on Jan. 20, 2010 as Daniel Lott was driving his 2008 Ford pickup on Highway 23 in Plaquemines Parish. Lott states his vehicle was stopped due to traffic congestion when defendant Earl Hance, driving a Freightliner truck, rear-ended the Lott vehicle.

The defendant is accused of failing to keep a proper lookout, of being inattentive, driving at an excessive speed, failing to timely apply brakes, failing to maintain an assured, clear distance between vehicles, for operating a vehicle in a careless and reckless manner, failing to keep a vehicle under proper control and failing to act as a reasonably prudent person. Twin City Transportation is accused of vicarious liability for its truck driver, for failing to properly supervise its employees, failing to ascertain whether the driver could safely operate the vehicle and allowing the vehicle to be operated by an incapable individual.

Daniel Loss is seeking damages for physical pain and suffering, mental anguish and suffering, medical expenses, loss of wages, loss of earning capacity or profits, disability, physical impairment, disfigurement, loss of enjoyment of life, pre-impact fright, inconvenience, court costs and interest. Allyson Lott is seeking damages for loss of care, companionship, consortium, and loss of help, aid and services of spouse.

The plaintiffs are represented by Mark A. Pivach in Pivach, Pivach, Hufft & Thriffiley in Belle Chasse.

U.S. District Judge Ivan L. R. Lemelle is assigned to the case.

Case No. 2:11-cv-00096

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