ASHDOWN, Ark. - A civil lawsuit filed in Little River County last week accuses an Arkansas construction company of negligence in the roadway death of a motorcyclist last year.
Tonya Lou Hanes of New Boston, Texas, filed suit as executrix of the estate of Clay Curtis Hanes.
According to the complaint, Clay Hanes was traveling in a construction zone on North Constitution Avenue in Ashdown, Arkansas, at about 9 p.m. Aug. 9 when he was involved in a serious accident.
Redstone Construction of Little Rock was under contract with the Arkansas Department of Transportation to perform work in the area to improve the existing highway, according to the complaint.
A representative of Redstone was not available for comment Tuesday.
"On Aug. 9, 2020, the northbound lanes and center turning lane of North Constitution Avenue had been repaved, while the southbound lanes of North Constitution Avenue were milled/graded down," the complaint states. "On Aug. 9, 2020, there was a two to two-and-a-half inch height difference between the southbound lanes and center turning lane of North Constitution Avenue."
The complaint alleges that Clay Hanes was driving a 2016 Harley-Davidson motorcycle in the southbound lane of North Constitution.
"At the time, it was dark outside and this area of the roadway was dark," the complaint states.
Clay Hanes was allegedly thrown from his motorcycle when it made contact with the "lip" created by the uneven lanes and while negotiating a "slight curve."
The complaint alleges that the injuries suffered by Clay Hanes in the crash Aug. 9, 2020, led to his death Aug. 27, 2020.
The complaint alleges that Redstone failed to follow the "Manual on Uniform Traffic Control Devices Regulations." The complaint accuses Redstone of failing to post adequate warnings, failing to provide traffic control and failing to display proper uneven lane warnings.
The complaint seeks damages for the pain and suffering experienced by Clay Hanes before his death, his loss of life and loss of earnings "by the descendent and his heirs."
The complaint seeks damages from Redstone under Arkansas wrongful death law and attorney fees.
Tonya Lou Hanes is represented by the Little Rock firm Rainwater, Holt and Sexton. Court records indicate Redstone has not yet been served with a copy of the complaint.
The case is currently assigned to Circuit Judge Tom Cooper of the 9th Judicial District West.