Concrete truck strikes man in back, suit claims

Kelly Holleran Mar. 28, 2011, 1:50am

A Pontoon Beach man has filed suit against the companies he blames for running a concrete truck into his back.

Charles Walker Sr. claims he was working as a laborer at defendant ConocoPhillips Company on June 21 when the incident occurred.

"That as Plaintiff was working near said concrete pumper truck, in the performance of his duties, he was struck in the back by a waiting concrete delivery truck which was owned and being operated by the Defendant, Concrete Supply, causing the Plaintiff to receive serious and permanent injuries," the suit filed March 15 in Madison County Circuit Court states.

Because of the incident, Walker sustained injuries to his low back and body and suffered considerable pain, according to the complaint. Walker also became disabled, incurred medical costs and lost large sums of money, the complaint says.

Walker blames Concrete Supply for causing his injuries, saying the company negligently failed to maintain control of its truck, failed to properly operate its truck so it would not strike Walker, failed to keep a proper lookout for Walker, failed to keep the truck at a complete stop and failed to warn Walker of the damages. In addition, Concrete Supply negligently failed to use wheel blocks to prevent its truck from moving, failed to shut off its truck's engine while concrete was being unloaded and allowed unsafe practices of delivery, according to the complaint.

ConocoPhillips and Safety Partners, a safety consulting firm hired to control the safety of work at ConocoPhillips, are also named as defendants because they negligently failed to provide a safe method fro delivery, failed to require the use of wheel block during delivery, failed to require that the engine of trucks be shut off during deliveries, failed to warn Walker of the dangers, failed to supervise the unloading of concrete at its site and allowed unsafe practices to occur, the suit states.

In his three-count suit, Walker is seeking a judgment of more than $150,000, plus costs.

Ronald S. Motil of Beatty and Motil in Glen Carbon will be representing him.

Madison County Circuit Court case number: 11-L-246.

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