Passenger sandwiched between tractor trailers sues

By Kelly Holleran | May 13, 2009

The mother of a minor child has sued two individuals and two trucking companies over alleged injuries her daughter received when the Grand Prix in which she was riding became sandwiched between two tractor trailers.

The lawsuit, filed May 8 in St. Clair County Circuit Court, targets Robert J. Farris Jr., Trinity Logistics Group, Don Leo Dye and Wood Haulers for their apparent negligence.

Dusty McPherson, the mother of Brittany Ferris, says Brittany Ferris was riding in a 2000 Pontiac Grand Prix that Robert J. Ferris Jr. was driving east on Interstate 255 on Aug. 17, 2007.

Suddenly, the Grand Prix left the interstate lanes of traffic and struck a trailer owned by Trinity Logistics Group that was parked on the side of the road, according to the complaint.

The Grand Prix was then struck by another tractor trailer driven by Don Leo Dye and owned by Wood Haulers, the suit states.

Because of the collision, Brittany Ferris experienced past and will continue to experience pain, suffering, disability, disfigurement, emotional distress and an increased risk of future harm, the complaint says. She will also lose future earnings and incur medical expenses, the suit states.

Because Brittany Ferris is a minor, McPherson became responsible for her medical costs, she says.

McPherson alleges Robert J. Ferris Jr. used the improper lane, failed to keep his vehicle on the road and failed to keep a proper lookout. He also failed to keep his vehicle under control, drove his vehicle when it was not safe to do so and failed to use ordinary care to avoid a collision, the complaint says.

Trinity Logistics Group is liable for Brittany Ferris's injuries because one of its employees parked a trailer on the side of the highway when it was not necessary to do so, failed to carry at least three liquid burning flames that could be seen at a distance of 500 feet, failed to place a lighted fuse around the trailer, failed to use ordinary care for the safety of others and parked the trailer too close to traffic, according to the complaint.

McPherson claims Dye drove too fast, failed to keep a proper lookout, failed to keep his vehicle under control, used the improper lane and failed to reduce his speed and to use ordinary care to avoid a collision.

Woods Haulers is negligent because Dye was one of its employees at the time of the collision.

In the eight-count suit, McPherson is seeking a judgment in excess of $400,000, plus costs.

Kevin Boyne of Belleville will be representing her.

St. Clair County Circuit Court case number: 09-L-236.

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