Family of killed Frenship teen files suit against trucker - KCBD NewsChannel 11 Lubbock

Family of killed Frenship teen files suit against trucker

GRAY COUNTY, TX (KCBD) -

One month has passed since a Frenship teen was killed in a motorcycle accident after a truck driver veered into his lane. The Department of Public Safety is now revealing the trucker tested positive for drugs.  

According to the report, Donny Waldenmayer, 15, attempted to pass an 18-wheeler on I-40 near Amarillo. The truck driver then moved into the left lane, forcing the teen to leave the roadway and hit a cable barrier. Waldenmayer was thrown from his motorcycle and died.

"It's on the DPS report that drugs played a factor in the accident," said The Waldenmayer family attorney, Davis Smith.

Criminal charges are pending while DPS waits for toxicology results to see what drugs the driver was using.  

Because of this, Waldenmayer's father is suing the trucker and the trucking company, J-Mar Express Inc., for the wrongful death of his son. KCBD obtained the lawsuit filed in Gray County. It states the family wants the defendants to be held accountable for a long list of violations, including driving while intoxicated.

"I'd like to take the deposition of their safety director under oath and see what he has done to improve his safety record. The federal safety records that I looked at about J-Mar Trucking are far less than impressive," said Smith.

KCBD also looked into J-Mar Express's U.S. Department of transportation record. We found out the company has been cited with one or more serious violations within the past year. Those violations include speeding, following too close, improper passing, and unlawful parking.

With hundreds driving for the company, Waldenmayer's father wants to use this lawsuit to change the business's safety measures.

"The case to me isn't about what the recovery is going to be at the end. I want to expose J-Mar Trucking and how I feel they do business," Smith said.

J-Mar Express Inc. did not have a comment on the litigation.

Copyright 2012 KCBD. All rights reserved.

  • Local News on KCBD.comNewsMore>>

  • Southwest Airlines sought more time for engine inspections

    Southwest Airlines sought more time for engine inspections

    Thursday, April 19 2018 1:02 AM EDT2018-04-19 05:02:22 GMT
    Thursday, April 19 2018 5:35 PM EDT2018-04-19 21:35:40 GMT
    (NTSB via AP). National Transportation Safety Board investigators examine damage to the engine of the Southwest Airlines plane that made an emergency landing at Philadelphia International Airport in Philadelphia on Tuesday, April 17, 2018. The Southwes...(NTSB via AP). National Transportation Safety Board investigators examine damage to the engine of the Southwest Airlines plane that made an emergency landing at Philadelphia International Airport in Philadelphia on Tuesday, April 17, 2018. The Southwes...

    The Federal Aviation Administration's announcement late Wednesday comes nearly a year after the engine's manufacturer recommended the additional inspections, and a month after European regulators ordered their airlines to do the work.

    The Federal Aviation Administration's announcement late Wednesday comes nearly a year after the engine's manufacturer recommended the additional inspections, and a month after European regulators ordered their airlines to do the work.

  • Raul Castro retires as Cuban president, outlines future

    Raul Castro retires as Cuban president, outlines future

    Thursday, April 19 2018 12:11 AM EDT2018-04-19 04:11:58 GMT
    Thursday, April 19 2018 5:34 PM EDT2018-04-19 21:34:55 GMT
    Miguel Diaz-Canal is the first person not named Castro to lead Cuba in 50 years. (Source: CNN)Miguel Diaz-Canal is the first person not named Castro to lead Cuba in 50 years. (Source: CNN)

    Raul Castro's departure from the presidency is a symbolically charged moment for a country that has been under the absolute rule of one family since the Cuban revolution of the 1950s.

    Raul Castro's departure from the presidency is a symbolically charged moment for a country that has been under the absolute rule of one family since the Cuban revolution of the 1950s.

  • Minecraft aiming to use ocean update to restore real coral reefs

    Minecraft aiming to use ocean update to restore real coral reefs

    Thursday, April 19 2018 5:16 PM EDT2018-04-19 21:16:26 GMT
    Thursday, April 19 2018 5:16 PM EDT2018-04-19 21:16:26 GMT
    Minecraft was first released in 2009. (Source: Minecraft)Minecraft was first released in 2009. (Source: Minecraft)

    The popular world-building computer game has announced an initiative to place Biorock reef regeneration structures in waters off Mexico.

    The popular world-building computer game has announced an initiative to place Biorock reef regeneration structures in waters off Mexico.

Powered by Frankly