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MADISON - ST. CLAIR RECORD

Saturday, November 23, 2024

Garbage truck crashed into rear of car, driver, company liable, suit claims

State Court

BELLEVILLE - A garbage truck rear ended a vehicle stopped at a red light, according to a complaint filed in St. Clair County Circuit Court.

Nancy A. Marshall failed suit June 1 against Arizona-headquartered Allied Waste Corporation and a driver, accusing them of negligence.

The plaintiff, formerly of Glen Carbon now living in California, claims that on June 7, 2018, she drove her 2010 Kia Soul along North Main Street in Edwardsville before stopping at the lights at the corner of Hillsboro Ave.

Defendant Mark A. Samuels was driving the refuse collection truck owned by Allied Waste, according to the complaint, which added that he failed to stop and crashed into the back of the plaintiff's vehicle. This caused Marshall's vehicle to collide with one in front, according to the suit.

Samuels. of East St. Louis, is accused of "negligently and carelessly" failing to stop his vehicle, failed to keep his vehicle under proper control, and failed to stop his vehicle to avoid a collision.

The complaint states that the driver of the garbage truck was an employee of Allied Waste, which has therefore vicarious liability for the negligence.

"Defendant Mark A. Samuel's negligent conduct, as alleged in the paragraphs above, was done within the course and scope of his agency and/or employment with Defendant Allied Waste and, as such, Defendant Allied Waste is vicariously liable for the damages that were directly and proximately caused by Defendant Mark A. Samuel's negligent conduct," it is claimed.

Marshall allegedy suffered "serious and permanent injuries to her head, neck, back, left shoulder, arms and hands." She has spent large sums of money on medical expenses, the suit states.

The plaintiff, who is seeking more than $50,000 in damages, is represented by Troy E. Walton of Edwardsville.

St. Clair County Circuit Court case number 2020-L-0433.

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