Benoist Brothers Supply sued by man injure in pallet incident

Kelly Holleran Sep. 8, 2009, 5:41am

A St. Louis County man claims he incurred medical bills of more than $25,000 after being struck by a fallen pallet.

Brian K. Strudevant filed a lawsuit Aug. 31 in St. Clair County Circuit Court against Benoist Brothers Supply Co.

Strudevant claims he delivered a truckload of supplies to Benoist Brothers on Sept. 28, 2007, which was unloaded by employees of Benoist Brothers.

"While moving pallets of material from the truck driven by Brian K. Strudevant an employee and/or agent of Benoist Brothers Supply, Co. caused the pallet load to fall over and strike Plaintiff," the suit states.

Strudevant's right elbow, right shoulder and left knee were seriously injured from the incident, he suffered a torn rotator cuff in his right shoulder and he continues to suffer great pain of body and anguish of mind, the complaint says. In addition, Strudevant incurred medical costs of more than $25,000 and lost wages, according to the complaint.

Strudevant blames Benoist Brothers because he says one of its employees moved the load too quickly, failed to properly stabilize and secure the load before attempting to move it, failed to properly warn Strudevant he was planning to move the load and failed to keep a proper lookout when moving the load.

Strudevant is seeking a judgment of more than $50,000, plus costs.

Christopher A. Wagner and Michael A. Chehval of Gabriel, McCartney and Wagner in St. Louis will be representing him.

St. Clair County Circuit Court case number: 09-L-460.

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