ST. LOUIS — An Ottawa County, Oklahoma, truck driver is suing a calcium product manufacturer, citing alleged negligence and failure warn truck drivers visiting its premises.
George Spruk filed a complaint on June 16, in the U.S. District Court for the Eastern District of Missouri against Mississippi Lime Co. alleging that the defendant failed to give plaintiff any instruction or direction regarding the company's procedures for aligning his truck underneath the hatch of the chute dispensing the lime.
According to the complaint, the plaintiff alleges that on Aug. 15, 2014, while at the defendant's premises in St. Genevieve, he parked his tanker at what he thought was the proper position under the chute hatch on the outermost railroad track. The plaintiff claims that after he exited his truck and reached the half-way mark along the tanker, he was struck in the lower back and left side by a train car. As a result, Spruk claims he suffered physical injuries, loss of income and medical expenses.
The plaintiff holds Mississippi Lime Co. responsible because the defendant allegedly failed to train and/or supervise its employee operating the train car, failed to inform the plaintiff about how and where to proceed to load his tanker and failed to warn the plaintiff of the active railroad track close to where truck drivers like the plaintiff load lime.
The plaintiff requests a trial by jury and seeks judgment in an amount that is fair and reasonable and for such and other further relief deemed just and proper. He is represented by Andrew S. Buchanan and James V. O’Brien of Buchanan & Williams, PC in Clayton.
U.S. District Court for the Eastern District of Missouri case number 4:17-cv-1703