Jon Campisi Oct. 27, 2012, 7:59am

A Philadelphia Water Department laborer who claims he sustained severe physical injuries after being thrown from a work truck, allegedly because of a faulty door, has filed suit against the vehicle’s manufacturers.

Derek Dancy is suing Philadelphia-based Freightliner Corp., and Bucks County, Pa.-based Freightliner of Philadelphia LLC and Transteck Inc. over claims that he became injured back on Dec. 1, 2010, when he was ejected from a rear passenger seat in the PWD vehicle, which was traveling along Grays Ferry Avenue in Philadelphia on its way back to the city’s sanitation yard.

The lawsuit claims that as a result of the accident, Dancy sustained injuries including leg and hip fractures, multiple tears of the shoulder, back and neck injuries, contusions, headaches and other injuries.

The injuries caused Dancy to expend money on medical services and have prevented him from carrying out his regular duties and activities, the suit states.

Dancy was required to undergo emergency medical attention because of his injuries as well as follow-up hospitalization.

Because of the accident, Dancy has experienced physical suffering, disfigurement, limitations of the use of bodily movement and functions, work limitations and other types of suffering, the complaint alleges.

The defendants are accused of negligence, strict liability and breach of warranty.

The plaintiff faults the defendants for failing to provide an adequate latch and/or closing mechanism on the vehicle’s passenger doors, failing to provide a safety guard so as to prevent accidents like this one from occurring, failing to offer functioning seatbelts in their vehicles and failing to provide adequate safety warnings.

“The defective condition of the Truck and its component parts were the proximate cause of Plaintiffs’ injuries and losses,” the lawsuit reads.

For each of the nine counts listed in the complaint, Dancy seeks judgment in excess of $50,000, plus interest and litigation costs.

The plaintiff is being represented by attorney Kenneth S. Saffren of the Jenkintown, Pa. firm Saffren & Weinberg.

The lawsuit was filed Oct. 24 at Philadelphia’s Court of Common Pleas.


The case ID number is 121003505. 

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