VICTIMS IN MULTI-VEHICLE COLLISION IN FAYETTE CO. FILE SUIT AGAINST H-E-B, TRUCKING COMPANY
Two of the victims in a fiery accident last week in Fayette County are suing the grocer and trucking company they allege to be responsible for the accident.
Oliver Stokes and Shawn Wilson, who were severely burned in the August 20th accident near Schulenburg that injured them and killed three others, have filed suit against H-E-B and PGE Transport Inc.
The two, both of San Antonio, are being represented by Houston attorneys Mo Aziz and Troy Pradia. The suit was filed Monday in Hidalgo County, PGE Transport’s principal place of business.
The multi-vehicle incident began when an H-E-B truck’s trailer axle caught fire while travelling westbound on I-10. The suit alleges this fire “significantly interrupted” the normal flow of traffic. It also says, in the ensuing traffic backup on I-10, another truck operated by PGE Transport “failed to adapt to the changing traffic conditions”, and rammed into the back of the vehicle occupied by Stokes and Wilson. This sent the plaintiffs’ vehicle airborne and caused it to catch fire.
The lawsuit claims gross negligence and malice against PGE Transport and the driver of the truck involved in the accident, Ricardo Palomo, who was killed in the accident. It also claims negligent entrustment against Erica Palomo, the owner of the truck Richard Palomo was driving, and negligence against H-E-B for failing to keep its truck in safe and working condition.
The plaintiffs claim they suffered physical pain, bodily impairment and disability, disfigurement and scarring, mental anguish, loss of wages and earning capacity, and medical expenses. They are seeking monetary relief of over $1 million.
At this time, it is unknown exactly what caused the H-E-B vehicle to catch fire, but the attorneys of Stokes and Wilson have filed a temporary restraining order, in order to preserve all vehicles involved in the collision so that investigators can perform necessary inspections.
This is exactly what is wrong with our society. Anyone who knows anything about 18 wheelers will know that axle fires sometimes happen and there is nothing anyone can do to predict or prevent them. Despite significant attempts at preventive maintenance they will occur sometimes caused by road conditions or debris causing damage to the truck while on the road. HEB will have all the required insurance to properly care for and compensate the victims of these accidents, but that will not be good enough for those some people who look to turn a tragic event into a huge profit. Next time you wander why your grocery bill is to high, look at the personal injury trial lawyers and their greedy clients, we are the ones paying for all of this.
“Greedy clients”? I don’t support their claim against the axle fire, but they certainly have the right to compensation for how tragically their lives were changed by the negligence of the driver that hit them from BEHIND — you know hitting someone from behind nearly always puts you at fault. It’s coincidence that both trucks involved were from the same trucking company, and I question their lawyers’ tactic, but they certainly deserve compensation in proportion to how devastated their lives are. The driver made a mistake, and these guys bore the consequences. PGE Transport has insurance too, and your grocery bill already reflects both costs. These costs are incurred predictably as a hedge against the consequences of unpredictable accidents, like this one. As you say, axle fires can’t be predicted.
No offense but anyone you says that people who look to turn a tragic event into a huge profit are lying to themselves because until that day happens to them, they will do the same thing. Your life at that moment has changed. My dear friend lost her son and a family friend that day due to this accident and lives have changed. It’s not about greed, it’s about how to move on with unexpected life changes. Money is not going to bring back the lives that were lost but it will help heal the ones who survived. May all the families involved find peace and comfort.