Lawsuit filed after tractor-trailer collides into car

A passenger in a motor vehicle collision has filed a lawsuit claiming a tractor-trailer driver failed to control his truck and caused a two-vehicle collision in New Orleans.

Engrid Hamilton filed suit against Landstar Ranger Inc. and Jeptha Long on Sept. 22 in Orleans Parish District Court. The defendant removed the case to federal court in New Orleans on Oct. 21.

The accident occurred on Nov. 28, 2009 while Hamilton was a passenger in a vehicle that was proceeding west on Calliope Street in the far left turning lane. According to the lawsuit, defendant Long was driving a 2004 Freightliner tractor-trailer proceeding west and in the middle lane. Hamilton states the tractor-trailer merged into the far left lane, resulting in a collision. During the collision, Hamilton was thrown about in the car and suffered serious, multiple injuries.

The defendant is accused of negligence for failing to maintain a proper look-out, observe existing traffic conditions and observe due caution, failing to observe Hamilton's vehicle in due time in order to avoid hitting the vehicle, driving recklessly, failing to maintain control of his vehicle, striking petitioner's vehicle and inattentiveness while driving,

Further, the defendant is accused of failure to be attentive, improper lane change, changing lanes without first making sure it could be done safely, failing to exercise reasonable safety for himself and others and failing to slow the 18-wheeler or maneuver the 18-wheeler to avoid colliding with Hamilton's vehicle.

Hamilton is seeking damages for physical pain, suffering and discomfort, mental anguish, aggravation and annoyance, disability, loss of enjoyment of life, loss of use/function of parts of body, impairment of psychological functioning, disability from engaging in recreation, interest and court costs.

Hamilton is represented by Michael Hingle and Colby Wenck of Michael Hingle & Associates in New Orleans.

U.S. District Judge Sarah S. Vance is assigned to the case.

Case No. 2:10-cv-04018