HOUSTON — A worker alleges he suffered injuries when a semi truck driver suddenly pulled away while he was unloading from inside the truck's box trailer.
Darrick Dempsey filed a complaint Sept. 13 in Harris County District Court against Averitt Express Inc., and Steven Branch alleging negligence.
Dempsey, according to his complaint, was working for Visual Comfort warehouse on Nov. 15, 2021, and unloading cargo from a box trailer of a semi truck owned by Averitt. He claims that while working inside the box trailer and loading boxes onto a mobile conveyor, the semi driver, Branch, began to drive away.
He further claims after realizing he had not checked his load, the driver slammed on the brakes of the semi which sent him into the air before landing on the ground of the box trailer. Dempsey alleges he suffered injuries to his lower back which required surgery to repair.
He claims Branch's negligence for failing to operate the semi in a reasonably safe manner, failing to check his load or warn of his departing from the loading bay. Dempsey also claims Branch was negligent for not adhering to proper safety practices and disregarding his safety. He further claims Averitt was negligent for failing to properly supervise its employees or provide adequate training.
Dempsey seeks monetary relief or more than $1 million, interest, trial by jury and all other just relief. He is represented by C.J. Baker and Adam Grable of Armstrong Lee & Baker LLP in Houston.
Harris County District Court case number 2022-58329