The family of a man killed in a traffic wreck two years ago has filed a wrongful death lawsuit against the driver and the McGregor-based company he worked for.
Kenneth Russell and Tammy Russell, of Coryell County, parents of 32-year-old Lloyd Cole Russell, of Crawford, are seeking unspecified damages in their lawsuit, filed this week in 170th State District Court. The suit names as defendants Cody Wayne Adams, Niemeier Feed & Grain, Niemeier Farms, Jerry Wayne Niemeier and Jason Carl Niemeier.
Adams, Jerry Wayne Niemeier and Jason Carl Niemeier did not return phone messages left Wednesday and Thursday at Niemeier Feed & Grain.
The lawsuit, filed by Fort Worth attorney Steven R. Samples, also lists Jennifer Hicks Hernandez as a plaintiff. The suit states she was “severely injured” in the wreck in which Russell was killed.
Samples did not return phone messages left at his office this week.
The lawsuit does not give details of the Sept. 4, 2016, wreck but states Adams was acting in the course of his employment with Niemeier Feed & Grain and that Russell and Hernandez were passengers.
“At the date and time in question, Cody Wayne Adams was unfit to operate the vehicle he was operating, and his lack of fitness was known to the Niemeier defendants,” the suit alleges. “While operating the vehicle in an unsafe manner, Cody Wayne Adams caused the vehicle to roll, killing Lloyd Cole Russell and severely injuring Jennifer Hicks Hernandez.”
The Russells are seeking damages for mental anguish, loss of consortium, grief, bereavement, loss of future financial contributions, loss of services, loss of advice, care and counsel, loss of society and companionship and medical, funeral and burial expenses.
Hernandez is seeking damages for past and future medical care, lost wages and lost earning capacity, physical pain, mental suffering and physical impairment and disfigurement.