Man hurt while unloading tractor trailer sues driver and employer

Kelly Holleran Dec. 8, 2011, 12:45am

A man has filed suit against the driver of a tractor that the man claims he was attempting to unload when the driver moved the tractor, causing him to fall.

Richard James claims he was helping to unload a tractor trailer parked in Wal-Mart's parking lot at 67 Airport Road in Godfrey on Nov. 30, 2010, when the driver of the vehicle, defendant Jasper Myers, started to move it. As a result of the unexpected motion, James fell to the floor of the trailer, according to the complaint filed Nov. 30 in Madison County Circuit Court.

Because of the incident, James sustained severe and permanently disabling injuries, experienced great pain and mental anguish and lost substantial amounts of money because of his inability to pursue his normal occupation, the suit states. In addition, he incurred medical costs, the complaint says.

James blames Myers for causing his injuries, saying the driver negligently failed to keep a proper lookout for people in the trailer, drove too fast for the circumstances, failed to properly apply his brakes, drove without adequate brakes and began moving the vehicle without warning to the people inside of it.

James also names Super Service as a defendant because Myers was working for the company at the time of the occurrence.

In his two-count complaint, James seeks a judgment of more than $50,000, plus costs.

Bruce R. Cook of Cook, Ysursa, Bartholomew, Brauer and Shevlin in Belleville will be representing him.

Madison County Circuit Court case number: 11-L-1268.

More News