Forklift driver rams 18-wheeler, trucker sues

David Yates Jun. 14, 2007, 8:00am

Edmond Simon wants $50,000 for the damage a Flanagan Shipping employee allegedly caused when he drove his forklift into Simon's 18-wheeler.

Simon, doing business as Simon Brothers Trucking, filed suit against James J. Flanagan Shipping Corp. and its employee Richard Hickman with the Jefferson County District Court on June 13. Judge Bob Wortham, 58th District Court, will preside over the case.

According to the plaintiff's original petition, two years ago, June 16, 2005, Simon was hauling feed and grain from Orange County to the Port of Houston in Harris County.

He had reached the port "when suddenly and without warning Hickman" drove his forklift into the "side of plaintiff's 18-wheel truck and trailer, causing damage," the suit said. "Defendants had a duty to exercise ordinary care and operate defendant's forklift reasonably and prudently."

The suit faults the Flanagan Shipping with negligently failing to supervise its employee and maintain its forklift in good mechanical working condition, and also faults Hickman failing to avoid the collision.

Simon is suing for loss of use of property, loss of value of property, business interruption and cost of repairs.

He is demanding a trial by jury, and is represented by John McElroy of the Barton, Price, McElroy & Townsend law firm.

Case No. A179-478

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