Forklift dragged behind truck, operator sues employer

Kelly Holleran Dec. 17, 2008, 3:47am

A Jefferson County man has filed suit against Morgan Southern and one of its employees, alleging he was seriously injured after the forklift he was operating fell from a loading dock and was dragged behind a truck.

Randy Williams was working at his job for Morgan Southern in Port Arthur on Oct. 31, 2007, and was loading cargo into the container of an 18-wheeled truck operated by Sergio Cervantes, who also worked for Morgan Southern, according to the complaint filed Dec. 8 in Jefferson County District Court.

"Defendant, Sergio Cervantes pulled away from the loading dock midway through the load, dragging the forklift operated by plaintiff, Randy Williams, off the raised loading dock and causing it to fall and hit the pavement below," the suit states.

Cervantes continued to drive, causing the forklift to drag behind the truck, Williams claims.

Because of the accident, Williams suffered severe physical pain and mental anguish, lost wages and earning capacity, loss of consortium, physical impairment, disfigurement and incurred medical expenses, according to the complaint.

Cervantes was negligent by failing to verify the cargo was loaded and secure, by driving from a loading dock while the cargo was being loaded, by failing to stop his vehicle, by failing to exercise due care, by failing to keep a proper lookout and by failing to pay full attention, the suit states.

Morgan Southern is liable for Cervantes because he was working for the company at the time of the accident, Williams claims.

Williams is seeking unspecified damages, pre- and post-judgment interest, costs and other relief to which he is entitled.

Clint Brasher of Beaumont will be representing Williams.

The case has been assigned to Judge Donald Floyd of the 172nd District Court.

Case No. E182-821

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