Ryder truck driver says defective equipment caused fall and head injury

By Jim Boyle | Dec 11, 2014

A Montgomery County man says that faulty equipment on the Ryder truck he had been

driving caused him to fall and hit his head on the ground, sustaining serious injuries according to a negligence suit filed at the Philadelphia Court of Common Pleas.

Derrick Foreman, of Pottstown, Pa., seeks damages in excess of $50,000 from the Ryder Truck corporation based in Miami and the rental shop located in King of Prussia, Pa., on one count of negligence. Foreman's wife, Lindsey, also seeks damages for loss of consortium with her husband.

According to the complaint, Foreman was operating a Ryder Truck for his employer, Haines & Company, on Oct. 8, 2013. The truck has a vertical grab-bar used by operators as leverage to enter and exit the cargo bay on the rear of the vehicle.

The claim says that the bar on Foreman's truck was damaged and bent away from its original position. When the plaintiff grabbed the bar to exit the truck, it's misshapen state caused him to lose his footing and fall five feet to the ground, injuring his head and elbow. According to the complaint, Foreman experienced a fractured left elbow, requiring corrective surgery and limiting the range of motion in his arm.

He also sustained a concussion and abrasions on his head, resulting in frequent headaches, blurred vision and light-headedness. The injury has prevented him from performing his daily duties, the claim says, and suffered a loss of earning capacity.

The complaint says that Ryder failed to properly inspect the truck before leasing it to Foreman's employer. According to the suit, Ryder was notified of the defective grab bar well before the accident and had plenty of time to repair the hazardous condition, but failed to do so. According to the suit, Ryder breached its duty to provide a safe vehicle to third party users through its negligent and reckless actions.

The plaintiff is represented by attorneys from Saltz, Mongeluzzi, Barrett & Bendesky.

The case ID is 141001185.

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