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Forklift operator claims tractor trailer driver drove away suddenly during loading

SOUTHEAST TEXAS RECORD

Tuesday, December 3, 2024

Forklift operator claims tractor trailer driver drove away suddenly during loading

Lawsuits
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HOUSTON — A forklift operator who suffered injuries when a driver suddenly drove away while he was unloading a tractor trailer is claiming negligence. 

Wayne Joslin filed a complaint May 31 in Harris County District Court against Marten Transport LTD., alleging negligence and liability. 

Joslin, according to his complaint, was operating a forklift and unloading stock on Feb. 9, 2020, into an 18-wheeler tractor trailer operated by a driver with Marten Transport. He alleges that as he entered the back of the tractor trailer to pick up a pallet, Marten Transport's driver prematurely and suddenly began to drive away. Joslin claims his forklift began to drop to the ground and that in order to avoid being crushed, he jumped from the forklift which caused him to suffer "debilitating" injuries. 

He alleges Marten Transport's negligence for failing to hire competent drivers, failing to supervise and train its drivers and for failing to follow its own safety guidelines and procedures. Joslin also alleges Marten Transport failed to ensure its drivers had the requisite amount of experience and that the company failed to comply with state and federal regulations. He claims as a result of the accident, he suffered physical impairment, disfigurement, lost wages and incurred medical treatment expenses. 

Joslin seeks monetary relief between $250,000 and $1 million, interest and all other just relief. He is represented by Ethan Shaw and John Cowart of Shaw Cowart LLP in Austin. 

Harris County District Court case number 2022-32292

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