A motorist claims his vehicle was struck by a tractor trailer on I-70 while he was stopped on the shoulder of the interstate to assist another driver whose car had broken down.
Roy McFadden filed the complaint June 11 in the U.S. District Court for the Southern District of Illinois against JSK Transport Ltd., Daljinder Singh Sangha, Bodkin Leasing Corporation, and Navpreet Singh Mutti.
According to the complaint, McFadden claims he stopped his vehicle on the right shoulder of eastbound I-70 “completely off of the traveled portion of the interstate” to assist another motorist with an emergency breakdown. McFadden was allegedly in the driver’s seat of his vehicle while waiting for a tow service to help with the other motorist. McFadden’s vehicle was stopped with the hazard lights engaged.
While he was stopped, McFadden alleges Sangha and Mutti were driving a Peterbilt tractor-trailer eastbound on I-17. They were approaching the plaintiff’s vehicle when they allegedly veered to the right and rear-ended McFadden’s vehicle, the suit states. The collision allegedly pushed the plaintiff’s vehicle off the shoulder and into the grass, causing the tractor-trailer to sideswipe the entire driver’s side of McFadden’s vehicle.
As a result of the collision, McFadden claims he sustained serious injuries to his neck, back, head and shoulders.
McFadden alleges Sangha and Mutti failed to keep a careful lookout, failed to keep the tractor-trailer on the roadway, drove the vehicle at an excessive speed, drove while intoxicated or under the influence of a controlled substance, drove while fatigued, drove while distracted and inattentive to the road, and permitted the tractor-trailer to be mechanically unsound.
He also alleges JSK and Bodkin negligently allowed Sangha to operate the tractor-trailer.
“At all relevant times, defendants JSK and Bodkin knew or should have known of defendant Sangha’s incompetence as a driver, including but not limited to his inexperience, habitual recklessness, repeated at-fault collisions, lack of knowledge and/or skill to operate a commercial motor vehicle safely, repeated safety rule violations, inadequate training, and/or his habitual use of alcohol and/or controlled substances,” the suit states.
McFadden seeks $75,000 for each count, plus costs, interest, attorneys’ fees and unspecified punitive damages.
The plaintiff is represented by Jason Guerra of Goldblatt + Singer in Clayton, Mo.
U.S. District Court for the Southern District of Illinois case number 3:20-cv-557