Man hit while directing traffic sues driver

Michelle Massey, East Texas Bureau Dec. 3, 2009, 7:58am

FORT SMITH, Ark. � While riding in a freightliner truck through Arkansas, the driver asked the passenger to conduct traffic after the truck broke down on the interstate.

The truck was disabled on the right side of an exit ramp and the passenger attempted to waive off oncoming traffic. However, the passenger was crushed by another freightliner attempting to pass the broken down truck.

The passenger, Thomas W. Young, filed a personal injury lawsuit against Won B. Kim, Pacific Cargo Services Inc., Olga M. Depadilla, Leodis Burgess, ML & S Trucking Inc., and Marcus Morris on Oct. 6 in the Ozark District Circuit Court of Franklin County, Ark. The case was removed on Nov. 30 to federal court in the Fort Smith Division of the Western District of Arkansas.

The oncoming truck, driven by defendant Olga DePadilla, was exiting onto the same ramp and attempted to pass the disabled truck. The truck struck the driver's side of the disabled truck, causing its trailer to shift onto the plaintiff pinning both his legs. Among other injuries, he suffered amputation of the left leg, a right arm fracture and a crushed pelvis.

Young argues that the oncoming driver was negligent for failing to keep a proper lookout, improper passing, failure to maintain proper control of the vehicle, failure to yield the right of way to pedestrians, and failure to heed the warnings of pedestrians.

Young accuses the driver's employer of hiring a driving they should have known was unsafe and had reckless and dangerous propensities.

The plaintiff also accuses the driver of the truck he was riding in of failing to properly maintain a vehicle, operating a defective vehicle, improperly parking a vehicle, failing to keep a proper lookout, placing and allowing a passenger in a dangerous location and assigning dangerous duties to the passenger without proper supervision or training.

Young is seeking damages for medical expenses, pain, suffering, mental anguish, lost earnings and lost earning capacity.

Jury trial is requested.

Fort Smith attorney J. Randolph Shock of the law firm Walker, Shock and Harp PLLC is representing the plaintiff.

U.S. District Judge Robert T. Dawson will preside over the litigation.

Case No 2:09cv02148

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