MADISON - ST. CLAIR RECORD

A Smithton man says he was forced to have part of his left leg amputated after a dump truck driver ran him over.

William M. and Faith Smith filed a lawsuit March 12 in the Madison County Circuit Court against B.P. Hauling, Thomas G. Volmer, Thiems Construction Company and The Kilian Corporation.

In their complaint, the Smiths allege William Smith was performing asphalt density tests at the intersection of Lakeview Acres and Illinois State Route 162 for his employer, Quality Testing and Engineering, on June 7. Suddenly, Volmer, who was operating a 1998 Mack dump truck full of asphalt for B.P. Hauling, drove over William Smith, according to the complaint.

Because of the incident, William Smith had his left leg and ankle partially amputated and suffered from deep venous thrombosis and pulmonary embolism, the suit states. He also suffered left shoulder damage, partial thickness burns to his arms, leg and back, experienced pain and suffering, incurred medical costs, lost wages, endured a diminished earning capacity, lost his enjoyment of life and suffered disfigurement and disability, the complaint says.

Faith Smith claims she lost her husband’s society and services, including his support, devotion, care, society, companionship and consortium, because of the collision.

The Smiths blame Volmer and his employer for causing the incident, saying he negligently failed to keep a proper lookout, failed to keep his dump truck under control, backed in a construction zone without an audible reverse signal alarm and without an observer, backed the dump truck without first determining that no one was in the backing zone and failed to implement a comprehensive safety program, among other negligent acts.

They also named Thiems Construction Company and The Kilian Corporation as defendants. Thiems was a general contractor on the site where William Smith was injured while The Kilian Corporation had been hired to perform asphalt work.

Both defendants negligently allowed a dump truck to be backed in a construction zone without having an audible reverse signal alarm and without an observer, allowed a dump truck to be driven too fast in a construction zone, allowed a dump truck to be backed in the construction zone without requiring the driver to determine no one was in the zone and allowed a dump truck to be backed on hot asphalt before it was tested for density, according to the complaint.

The Smiths are seeking a judgment of more than $400,000, plus costs and other relief the court deems just. They are being represented by Eric J. Carlson of Byron, Carlson, Petri and Kalb in Edwardsville.

Madison County Circuit Court case number 14-L-391.