A Mississippi tractor-trailer driver is being sued after he allegedly ran over a pedestrian attempting to cross an intersection.
Burnettie C. Toney and Lemuel E. Toney filed suit against Benjamin Ray Robinson, Larry Seago Enterprises, Everest National Insurance Co. and State Farm Mutual Automobile Insurance Co. Aug. 10 in Washington Parish District Court. The defendants removed the case to federal court in New Orleans on Aug. 10.
The alleged incident occurred July 23, 2009 at the intersection of Lee Street and Washington Street in Franklinton.
Toney claims Defendant Robinson, during the scope of his employment with Larry Seago Enterprises, drove his 18-wheel tractor trailer through an intersection and hit Toney. She states her right lower extremities were severely injured when she was run over.
The defendants are accused of negligence for failing to keep and maintain a proper lookout, failing to maintain control of vehicle, failing to be aware of surroundings, failing to take proper evasive action to avoid the accident and failing to observe Toney was in front of the 18-wheeler before proceeding through the intersection after stopping for a red light.
Toney is seeking damages for physical pain and suffering, mental and emotional pain and suffering, loss of wages, loss of life's activities and enjoyment, interest and court costs.
Toney's husband is seeking damages for loss of consortium.
The plaintiffs are represented by David Cheatham and Anne Tate of Cheatham & Tate in Bogalusa and Ellen Creel in Franklinton.
U.S. District Judge Helen G. Berrigan is assigned to the case.
Case No. 2:10cv02635