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May 2, 2008 6:53 pm US/Central
Family Sues After Deadly Cement Truck Accident
DALLAS (CBS 11 News) ―
The family of a mother killed three weeks ago when a cement truck landed on her SUV at Highway 183 and Stemmons Freeway is suing the company and the driver.
A husband is without his wife and a five-year old is without a mother. Now the family has filed a lawsuit against the Dallas company and the driver they say is responsible.
"This is not someone you would expect to be operating a 25-ton cement truck," said Mark Werbner, the attorney representing the Gamez family.
The accident happened when the driver of a cement truck reportedly swerved and lost control, then slammed into a barrier and landed on Maria Gamez's SUV. Maria did not survive, but her daughter, five-year-old Angelica, was pulled to safety by firefighters.
The family's attorney claims the driver was reckless and shouldn't have been behind the wheel with his history of driving infractions.
"He had problems with drinking and driving," says Werbner. "He's been convicted of DWI, that was some years ago. More recently in 2005 and 2006, he was speeding in a commercial vehicle. He's had his license suspended. He's been cited for failing to maintain proper insurance."
The driver was employed by TXI Operations based in Dallas. An attorney for the company told CBS 11 News that the driver was properly licensed and qualified and had no signs of drugs or alcohol at the time of the accident.
TXI says he driver had to swerve in order to avoid another vehicle.
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