EDWARDSVILLE - Interco Trading Company is being sued by a Federal International Recycling employee after a tractor-trailer loaded by Interco employees allegedly tipped over on an interstate ramp.
Plaintiff Jimmie Howard filed his lawsuit July 3 in Madison County Circuit Court, seeking $50,000 in compensation for loss and damage.
Interco Trading Company has not responded to request for comment.
According to the complaint, on July 5, 2017 at around 12:45 p.m., Howard was driving an international tractor-trailer towing a semi-trailer with about 44,000 pounds of recycled cardboard loaded by Interco Trading Company on Fox Industrial Park in Madison. He alleges the vehicle tipped onto its left side about 7.1 miles away from the business at a ramp that curves to the right in a circular fashion at northbound IL-3 to westbound Interstate 270.
The complaint states that employees secured the recycled cardboard by placing three bales on a single pallet with no securement on either side. According to the Driver Inspection Report, each bale weighed about 1,200 pounds.
The incidents, according to the lawsuit, occurred with no negligence on the part of Howard.
Howard claims he did not have the chance to avoid the incident because of its sudden and unforeseeable nature. He also claims he had not loaded the semi-trailer and that Interco Trading had sealed the semi-trailer and indicated it had been safely loaded.
Once loaded, Interco Trading Company took measures to place a security seal on the semi-trailer’s door so it could not be opened by anyone until it reached its final destination. Howard requested and obtained a notation on the connecting line freight bill that the truck was properly loaded prior to it being sealed.
The suit states that “in the normal course of events, Howard’s injuries would not have occurred if Interco Trading had used ordinary care while the semi-trailer was under its control.”
Howard alleges his injuries and damages were directly and proximately caused by Interco Trading Company in that the company failed to exercise the highest degree of care in loading the cargo with evenly distributed weight and failed to use preventative measures to avoid shifting during transport.
He also claims Interco employees had been under the influence of alcohol.
“Interco Trading failed to correct its mistakes, and Interco Trading acted indifferent to or in conscious disregard for the safety of others by driving while under the influence of alcohol,” the suit states.
As a result, Howard argues that he suffered serious, painful and permanent injuries to his head, arms, neck, back and spine. He also claims he became sick, sore and disordered.
The plaintiff alleges he has suffered and will continue to suffer physical pain and mental anguish. He claims he has sought and will continue to seek medical treatment, incurring additional medical expenses for years to come.
“Howard's said injuries are permanent, serious and progressive in their nature,” the suit states. “Howard will continue to suffer pain of body and mind for so long as he lives.”
Howard is seeking a trial by jury.
He is represented by R. Tyson Mutrux of Mutrux Firm LLC in St. Louis.
Madison County Circuit Court case number 19-L-928