ST. LOUIS — A woman is suing businesses whose driver worked at warehouse in O'Fallon, citing alleged failure to warn and negligence.
filed a complaint on Feb. 16 in the U.S. District Court for the Eastern District of
Everclear Cleaning Solutions Inc. and Eclipse Advantage Inc. alleging that their driver failed to exercise standard care and skill required in operating equipment.
According to the complaint, the plaintiff alleges that on March 31, 2012, she sustained permanent and painful injury to her right arm, had to undergo several surgeries, permanent scarring, loss of enjoyment of life and incurred medical expenses as a result of the defendant's careless operation of a tugger. The machine forcefully struck the tugger being driven then by the plaintiff. The plaintiff holds Everclear Cleaning Solutions and Eclipse Advantage responsible because the defendants allegedly entrusted the operation of a heavy equipment to incompetent and unqualified employees, failed to keep a careful and adequate look out while operating the tugger and failed to adequately hire, train or supervise its employees.
The plaintiff seeks judgment in her favor in an amount greater than $75,000, exclusive of interests and costs, and further relief as the court deems just. She is represented by James D. O’Leary of Onder, Shelton, O'Leary & Peterson LLC in St. Louis.
U.S. District Court for the Eastern District of Missouri Case number 17-cv-00753