Houston Gospel Singer Killed in Cement Truck Accident
The family of a Houston-area gospel singer has filed a wrongful death lawsuit against the owner of a cement truck that dropped wet cement on the road. Forty-nine-year-old LaTonya Earl was one of two people killed after the truck dumped cement onto the road. Earl was a popular gospel singer in the Houston area who worked at Bethel’s Family Baptist Church as a creative arts director and sang in the church’s choir.
The lawsuit alleges that a cement truck owned by Lattimore Materials Corporation spilled wet cement across Old Humble Road. Nineteen-year-old Selvin Palacios hit the wet cement and lost control of his vehicle. His car crossed the median and then went into oncoming traffic where it collided with Earl’s vehicle. Both drivers were killed in the accident.
The attorneys have filed a temporary restraining order to prevent Lattimore Materials from doctoring the truck or destroying evidence related to the crash.
Will the Lawsuit Be Successful?
On the surface, this looks like a good case against the company that owned the cement truck, but much will depend on what an investigation reveals. It appears that the most important fact of the case, that the cement truck spilled cement all over the road, is not being questioned. Yet, the plaintiffs still have the burden of proving that Lattimore Materials Corporation owned the cement truck that was spilled onto the road. This may entail recovering the exact cement truck, assuming that the truck didn’t leave a trail from Lattimore to its destination.
All companies and property owners are responsible for maintaining their equipment in safe condition. If equipment under their care creates a dangerous condition, then the company is responsible for any injuries or deaths that occur because of that dangerous condition. Most of the facts in this case appear to be going the plaintiff’s way. Despite that, they will have to spend the rest of their lives without their loved one.
Lattimore Materials will be on the hook for paying the family for their emotional grief, any lost earned income, and more depending on the facts of the case. If Earl had any dependants or a husband, they would both be entitled to recover monetary damages related to the loss of earned income. Additionally, a husband may be able to sue for loss of consortium while children would be able to sue for loss of moral guidance and emotional support.
The success of the lawsuit will depend on the plaintiff’s ability to establish that Lattimore owned the truck that dumped cement onto the road. Police have already ruled that the cement was the cause of the accident, but that may require further proof in a court of law.
In situations like this, hardened cement could cause a road hazard that causes a car’s tire to blow out. When a tire blows out at high speeds, drivers have a tendency to lose control of the vehicle. That appears to be the primary cause of this accident.
Talk to a Houston Personal Injury Attorney
If you’ve been injured or your loved one was killed by a negligent company, you can hold it accountable by filing a lawsuit against the company. Call the Houston personal injury attorneys at the Livingston & Flowers today to schedule a free consultation.
Resource:
click2houston.com/news/local/2020/02/18/family-of-houston-gospel-singer-killed-in-wreck-files-wrongful-death-lawsuit-against-company-that-owns-cement-truck/
https://www.livingstonflowerslaw.com/fiesta-mart-sued-over-slip-and-fall-accident/
