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Thursday, May 9, 2024

Diabetic trucker skips lunch and crashes truck, hits employer with $1M suit for failing to accommodate condition

Lawsuits
Buzbee

Buzbee

GONZALES – A Gonzales County man is alleging Ehrig Brothers AG failed to accommodate his diabetes, which led to him skipping lunch and driving his truck off the road.

Seeking more than $1 million in damages, John Torres filed suit against Ehrig Brothers on Jan. 25 in Caldwell County District Court.

According to the lawsuit, Torres, 64, has driven commercial vehicles for much of his life to support his family. However, because of his diabetes, he was no longer eligible for a full commercial driver’s license.

When Ehrig Brothers hired Torres, he fully disclosed his medical condition and restrictions on his commercial driver’s license, which the company acknowledged and promised to accommodate him.

“But these assurances were false,” the suit states. “Once Plaintiff began working for Defendant, Defendant ignored Plaintiff’s condition and limitations, and despite promises to the contrary, Defendant began to treat Plaintiff as though he did not have a serious medical condition or severe limitations.”

Torres claims Ehrig Brothers forced him to work excessive hours without providing routine breaks for him to eat and monitor his insulin levels.

On Dec. 3, 2019, Torres was driving a truck for Ehrig Brothers. He planned to return the company’s yard following a delivery, but the company contacted him and instructed him to meet another driver on his return trip, pick-up the driver’s load, and continue with another long delivery out to another ranch without any break.

Torres claims the additional instructions “forced” him to “skip his lunch once again,” causing him to pass out due to low insulin levels and drive his truck off the road and crash the vehicle.

As a result, Torres suffered severe head trauma and extensive injuries to his arm and hand, requiring at least 17 surgeries in an attempt to save his arm.

“Ultimately, doctors were not able to save his right (dominant) hand and amputated his hand,” the suit states. “During the course of treatment, Plaintiff also suffered from compartmental syndrome which puts extreme and painful pressure on his extremities, and requires his doctors to periodically cut open his extremities to let out the pressure. Plaintiff will likely never be physically able to work again and will suffer from debilitating injuries and severe pain for the rest of his life.”

Torres is represented by Houston attorney Tony Buzbee and Luling attorney Chevo Pastrano.  

Case No. 21-O-045

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