On December 6, 2021, a Harris County resident (hereinafter “Man”) filed a complaint in the Harris County District Court against Toro Rojo Inc., doing business as Action Trucking (hereinafter “Defendant Toro Rojo”). The Man asserts causes of action for negligence, negligent entrustment, negligent hiring, negligent retention, respondent superior, and premises liability against Defendant Toro Rojo as a result of an incident (hereinafter “incident”) that caused him to suffer serious injuries.
The Man asserts the incident occurred on December 5, 2019, when he was at Defendant Toro Rojo’s landfill site located at 1306 East Anderson Road, Houston, Texas 77047 and while he was attempting to unload trash bags from his vehicle. Just before the incident occurred, the Man claims he stood outside of his parked vehicle, at an area pedestrians frequented, and he had begun to undo the straps on his trailer to remove trash bags he intended to dispose of. At the same time, an employee driver of Defendant Toro Rojo, operating a vehicle on behalf of Defendant Toro Rojo, suddenly and without warning struck the Man (a pedestrian) causing him to suffer serious injuries.
The Man claims Defendant Toro Rojo was negligent for failing to monitor its premises, failing to train its employees, and/or have proper supervision. The Man further claims that Defendant Toro Rojo’s employee driver failed to take evasive action to avoid hitting him and failed to apply the brakes to avoid colliding with him.
At all relevant times, it is believed that the employee driver of Defendant Toro Rojo was acting in the course and scope of her employment with Defendant Toro Rojo and acting in furtherance of a mission for Defendant Toro Rojo’s benefit and subject to its control. The Man claims Defendant Toro Rojo was negligent in hiring an incompetent, unfit, or reckless driver whom Defendant Toro Rojo should have known would create an unreasonable risk of harm to others.
The Man seeks monetary relief for damages resulting from, among others, medical expenses both past and future, physical pain and suffering both past a future, loss of earnings in the past and loss of wage-earning capacity in the future, and mental anguish, among others.
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