Pedestrian pinned by tractor-trailer sues driver for negligent operation of truck

Michelle Keahey, East Texas Bureau Aug. 30, 2011, 3:23am


MARSHALL - After sustaining serious personal injury by being pinned between two tractor-trailers, a man is suing the driver for failing to operate the truck in a safe manner.

Matthew Stone filed suit against Marten Transport Ltd., Max R. Pittner Jr. and Americold MFL on Aug. 25 in the Eastern District of Texas, Marshall Division.

On Aug. 28, 2010, Stone was inspecting the rear doors of a tractor-trailer backed into a parking spot located at Americold. Defendant Pittner, an employee of Marten Transport, was operating another tractor-trailer parked directly behind the truck Stone was inspecting and released his brakes. Pittner's truck rolled backwards and slammed into the tractor-trailer Stone was inspecting, striking Stone and pinning him between the two trucks.

Defendants Max R. Pittner Jr. and Marten Transport are accused of negligence for failing to keep a prudent lookout, failing to timely apply the brakes, failing to operate the tractor-trailer with due regard for the safety of others, failing to operate the tractor-trailer in a safe manner and failing to check the rear of his vehicle before releasing the brake of the vehicle.

Defendant Americold is accused of negligence for failing to inspect and discover any dangerous condition and to make conditions safe or to provide an adequate warning, failing to remove the danger or warn Stone of the danger and failing to take precautions to prevent such occurrences.

The plaintiff is seeking damages for medical expenses, physical pain and suffering, mental anguish, physical impairment, mental impairment, disfigurement, loss of earning, costs of suit, interest and punitive damages.

Stone is represented by J. Robert Miller Jr. of Miller & Brown in Dallas. A jury trial is requested.

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

Case No. 2:11-cv-00375

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