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According to the Southeast Texas Record, a lawsuit has been filed by the family of 5 children who injured in when their handicap van was struck in January of 2008. The complaint claims that the tractor trailer driver that collided with the van was not watching the road, which resulted in the collision that landed the 5 children and two adult van passengers in the hospital.

Roy C. Gamble and his employer Howard Baer Inc. have been named as defendants in the case.

The plaintiffs allege that the defendant was negligent for failing to operate his vehicle in a safe and prudent manner, failing to control his speed, failing to keep a safe distance between his vehicle and the plaintiff’s vehicle, failing to timely apply his brakes, failing to take proper evasive action to avoid the collision and for driving at an excessive rate of speed.

The driver’s employer is accused of failing to provide adequate training.

The lawsuit seeks damages for mental anguish, loss of earning capacity, medical expenses, physical pain and physical impairment.

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