Lawsuit claims truck driver caused loading ramp and forklift to fall

Michelle Massey, East Texas Bureau Jan. 24, 2011, 7:10am

MARSHALL - A lawsuit has been filed against the employer of a truck driver who allegedly drove away from a loading ramp too soon and caused the ramp and the forklift to fall.

Martha Cole filed suit against John Doe and Con-Way Truckload Inc. on Dec. 9 in Harrison County District Court. The defendant removed the case to the Eastern District of Texas, Marshall Division on Jan. 10.

The incident occurred on Dec. 30, 2009, as Cole was operating a fork-lift at Tractor Supply in Marshall. She was unloading a trailer, owned and operated by the defendant, when the driver pulled away from the loading dock, causing the ramp to fall to the ground with Cole on the forklift, the suit claims.

The defendant is accused of failing to keep a proper lookout for Cole's safety and for negligently entrustment of the truck to the driver.

The plaintiff is seeking damages for medical expenses, physical pain and suffering, mental anguish, physical impairment, lost wages, loss of earning capacity, interest and court costs.

Cole is represented by Joe R. Green of the Law Office of Joe Green in Longview.

Jury trial is requested.

U.S. District Judge T. John Ward is assigned to the case.

Case No. 2:11-cv-00007

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